By Benjamin D. BriggsPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: CDC explains that the shutdown or reduced operation of a building and reductions in normal water use can create hazards for returning occupants. It recommends in its updated Guidance for Reopening Buildings that building owner-operators check for hazards before reopening. Hazards may include lead
Continue Reading CDC Issues Updated Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation Due to COVID-19

By James L. CurtisMark A. Lies, II, Adam R. YoungIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site.

Many employers permit the use of headphones
Continue Reading OSHA Standard Interpretation Repeats Vague Warnings on Employee Use of Headphones in the Workplace

By James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: Employers should prepare for the holiday shopping season and protect their employees from harm and injuries.

As the holiday shopping season approaches, we are again reminding retail and hospitality employers of the importance of taking safety precautions during the holiday season’s major sales events,
Continue Reading OSHA Guidelines for Retailers on Holiday Shopping and Crowd Management Safety

By James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: Employers should prepare for the holiday shopping season and protect their employees from harm and injuries.

As the holiday shopping season approaches, OSHA has previously reminded retail and hospitality employers of the importance of taking safety precautions during the holiday season’s major sales events,
Continue Reading OSHA Guidelines for Retailers on Holiday Shopping and Crowd Management Safety

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

Seyfarth Synopsis: MSHA just announced a Request for Information (RFI) on safety improvement technologies for mobile equipment and for belt conveyors, both at surface mines. 83 Fed. Reg. 29716 (June 26, 2018).

In its RFI MSHA notes that “mining safety could be substantially improved by preventing
Continue Reading MSHA Issues RFI for Safety Improvement Technologies and Belt Conveyors

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

Seyfarth Synopsis: MSHA just announced its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines. 83 Fed. Reg. 15055 (April 9, 2018).

The Final Rule, which will be effective on June 2, 2018, requires that:

  • Each working place be examined at least


Continue Reading Operators Beware! MSHA Issues Final Rule on Examinations of Working Places in Metal and Nonmetal Mines

By Benjamin D. Briggs, Brent I. Clark, Patrick D. Joyce, and Craig B. Simonsen

Smart technology setSeyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace environment for employees and customers
Continue Reading Have Yourself a Safe, Undistracted, and Accident Free Holiday

By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen

bottleSeyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.

The U.S. Court of Appeals for the District of Columbia Circuit recently ruled against OSHA on
Continue Reading DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

By James L. Curtis and Craig B. Simonsen

iStock_000042612884_MediumSeyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection.

A District Court Magistrate Judge recently recommended that the Court quash a warrant “improvidently granted” to OSHA to expand an accident investigation into a broader
Continue Reading Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

By Brent I. Clark and Ilana R. Morady

iStock_000009254156LargeSeyfarth Synopsis: The proposed MSHA rule would require mine operators to examine their mines and to notify miners of dangerous conditions.

MSHA announced today that it has formally submitted a proposed mine examination rule for publication in the June 8, 2016 Federal Register.  81 Fed. Reg. 36818.

The proposed
Continue Reading MSHA Announces Proposed Rule on Mine Examinations