By Brent I. Clark, Benjamin D. Briggs, James L. Curtis, Daniel R. Birnbaum, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: On April 13, 2020, OSHA released an Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which is intended to provide instructions and guidance to Area Offices and
Continue Reading OSHA Publishes Interim Enforcement Response Plan for COVID-19 Inspections
By Benjamin D. Briggs, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On April 10, 2020, OSHA released new interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to recording occupational illnesses, related specifically to cases of the Coronavirus Disease (COVID-19).
Continue Reading OSHA Publishes Enforcement Guidance on Recording Cases of COVID-19
By James L. Curtis, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws. Employees who refuse to perform job functions may also be protected.
News media reports during the COVID-19 pandemic highlight
Continue Reading Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic
By Jay W. Connolly, Aaron Belzer, and Jared L. Palmer
On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et al., No. A139821, 2015 WL 1212155 (Cal. Ct. App. Mar. 17,
Continue Reading Impact of California Appellate Decision on Proposition 65 Actions Unclear
By Mark A. Lies II and Ilana R. Morady
As most employers are aware, OSHA inspections typically involve a request for the employer to produce certain documents. In many cases, employers are unsure of what documents the compliance officer is entitled to see and copy. Employers can also be unsure of how long to retain certain documents required under OSHA.
Continue Reading OSHA-Related Documents: Creation And Retention
The U.S. Environmental Protection Agency has announced the public release of its Chemical Data Reporting (CDR) database which was previously used almost exclusively by EPA. The database contains comprehensive use and exposure information on more than 7,600 of the most widely used chemicals in the United States, gathered from Toxic Substances Control Act (TSCA) regulated manufacturers
Continue Reading EPA Releases to Public the Chemical Data Reporting Database
By Mark A. Lies, II and James L. Curtis
In this recent case the Occupational Safety and Health Review Commission (OSHRC) found that the Secretary had not established employee exposure because, although the cited standard applied to the electrical adaptor at issue, “grounding is not necessarily required for all equipment that could be plugged into it.” The Occupational Safety and