Seyfarth Synopsis: On Tuesday, May 15, 2018, a panel from Seyfarth’s Workplace Safety team will lead an interactive Breakfast Briefing on OSHA regulation and enforcement. 

One year into the Trump Administration, employers’ expectations for a more business-friendly Agency have not yet materialized, as the still-leaderless Agency proceeds ahead with widespread aggressive enforcement. The panel will address the new developments
Continue Reading OSHA Trends and Developments: One Year into the Trump Administration

By Jeryl L. OlsonKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis:  In a guidance document issued last week, U.S. EPA sets out to deliberately move environmental enforcement responsibilities back to the states. While this may, to local interests, represent a noble purpose, few states are manned and ready to take on additional responsibilities.

In yet
Continue Reading U.S. EPA Moves Program Responsibilities Back to Resource-Starved States

By Brent I. ClarkIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis:  The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017.  The orders followed, on August 28, 2017, James J. Sullivan, Jr., being sworn in as
Continue Reading OSHA Review Commission Back in Business

By James L. Curtis, Brent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly agency.

As we try to anticipate the President-Elect
Continue Reading What to Expect From OSHA in a President-Elect Trump Administration

By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen

China map icon with a recycle iconSeyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors.

We have previously written
Continue Reading New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental Laws as Well as the Potential for Blacklisting

By Brent I. Clark, James L. Curtis, and Craig B. Simonsen

Safety at workThe U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and penalties.

According to Deputy Attorney General Sally Quillian Yates, “on an average
Continue Reading Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

By James L. Curtis and Craig B. Simonsen

shutterstock_144257470In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015), Chief Judge B. Lynn Winmill provides a strong reminder that the Courts will protect from retaliation employees who raise workplace safety issues.

In this case, the whistleblower had contacted OSHA in 2012 to
Continue Reading Employer Ordered to Pay Whistleblower $100,000 Punitive Damages

By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen

iStock_000009254156LargeIn a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations that present a continuing hazard. Secretary of Labor v. Delek
Continue Reading OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

By Jeryl L. Olson and Patrick D. Joyce

Our retail clients with stores and warehouse facilities in the State of New York are warned that the State of New York Department of Environmental Conservation (NYDEC) has announced that it will begin enforcing regulations relating to hazardous waste against big boxes, supermarkets, pharmacies and other retailers which generate waste materials
Continue Reading Warning! Retailers’ Environmental Enforcement Initiative in New York

By Andrew H. Perellis and Craig B. Simonsen

Marion Herz, the Chief of Staff for EPA’s Office of Compliance, just blogged that EPA has launched a new compliance website to “make it easier to stay informed about our work and to share tools that can help companies and others follow the law.”

Herz notes that the Enforcement and Compliance History
Continue Reading EPA is Improving Public Access to (YOUR) Environmental Inspection and Compliance Data