By James L. Curtis, Brent I. Clark, Ilana R. Morady, Patrick D. Joyce, and Matthew A. Sloan
Seyfarth Synopsis: Important for healthcare workers involved in the care of patients with known or suspected COVID-19, the CDC late last week changed it’s personal protective equipment (PPE) guidance in light of N95 respirator shortages. In addition, OSHA
By Brent I. Clark, James L. Curtis, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in specific industries with historically high rates of occupational injuries and
Continue Reading OSHA Tweets Out a Reminder – Summary of Work-Related Injuries and Illnesses Form 300A for Calendar Year 2019 are Due March 2
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just updated its “Protecting Temporary Workers” website, for staffing agencies and their clients (i.e., host employers). The page reminds these employers that they are jointly responsible for a temporary employee’s safety and health .
We have blogged previously about OSHA’s enforcement activities and guidance documents
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents
By Andrew H. Perellis, Jeryl L. Olson, Brent I. Clark, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and interpretations of federal rules
Continue Reading President Issues Executive Orders on Guidance Documents and Transparency
By James L. Curtis, Benjamin D. Briggs, Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The DOL Inspector General recently issued an audit report that “OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed,” Report No. 02-19-001-10-105 (March 28, 2019).
The federal Occupational Safety and Health
Continue Reading OSHA Failed to Follow Own Procedures in Issuing Suspect Guidance Documents, Inspector General Finds
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: According to several states that have sued the Occupational Safety and Health Administration in Federal Court, the Agency did not provide sufficient justification to rollback the electronic reporting rule for large employers. Complaint, State of New Jersey, et al., v. Acosta, No.
Continue Reading Six States Sue – Alleging that Trump Administration Electronic Reporting Rule is Unlawful
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just been sued for removing the requirements for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301 (Injury and
Continue Reading On And On We Go – Coalition Groups Sue DOL for the Rollback Rule
By James L. Curtis, Benjamin D. Briggs, Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just issued its final rule that removes the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301
Continue Reading OSHA Issues New Rule that Companies are Not Required to Submit OSHA 300 and 301 Forms Electronically
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement
By Joshua M. Henderson, Ilana R. Morady, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On November 6, 2018, the California Office of Administrative Law approved Cal/OSHA’s emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. Covered employers will be required to submit their Forms to Federal OSHA
Continue Reading Emergency Regulation Approved! Electronic Submission of CY 2017 Form 300A Required by December 31, 2018 for California Employers