By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II. Adam R. Young, A. Scott Hecker, Ilana Morady, Patrick D. Joyce, Daniel R. Birnbaum, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: On June 21, 2021, the federal register published OSHA’s COVID-19 emergency temporary
Continue Reading OSHA’s Emergency Temporary Standard Published on June 21, 2021
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II. Adam R. Young, A. Scott Hecker, Ilana Morady, Patrick D. Joyce, Daniel R. Birnbaum, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: On June 9, 2021, at the tail end of prepared remarks before
Continue Reading OSHA’s Emergency Temporary Standard Narrowly Focused on the Health Care Sector, Guidance Updated for Other Sectors
By Adam H. Laughton, Mark A.Lies, II, and Daniel R. Birnbaum
Seyfarth Synopsis: With coronavirus infections continuing to spread both in the US and abroad, fears of a pandemic with serious disruptions to the economy and everyday life continue to grow. Concerns are compounded for healthcare providers and facilities, who are not only employers but are also
Continue Reading Coronavirus Preparation for Healthcare Facilities and Providers
By Jeryl L. Olson and Craig B. Simonsen
Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be “clear, practical, and protective” and will promote recycling, and estimates the change will save at least $5.3 million annually
Continue Reading EPA Promulgates “Streamlined System” for Managing Hazardous Waste Aerosol Cans
By Brent I. Clark, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019).
A recent decision from the U.S. Court of Appeals for
Continue Reading OSHA and Title VII on Workplace Violence in Healthcare and Social Assistance
By James L. Curtis, Daniel Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: NIOSH reiterated last week that healthcare workers are exposed to a wide range of hazards on the job and healthcare employers may not be following best practices to protect against these hazards.
Healthcare is the fastest-growing sector of the U.S. economy, employing over 18 million
Continue Reading Nothing to Sneeze At: Evaluating Employee Safety Protections in the Healthcare Industry
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause violation, as well as NIOSH’s guidance for determining the potential for workplace violence.
OSHA defines
Continue Reading OSHA Updates its Enforcement Procedures Directive for Exposure to Workplace Violence
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA Publishes RFI on Proposed Rule Concerning Workplace Violence in Healthcare and Social Assistance Industries.
Federal OSHA currently enforces workplace violence under the General Duty Clause, under which OSHA requires employers to take affirmative steps to protect their employees. In a not-so-surprising action,
Continue Reading Proposed Rule for Prevention of Workplace Violence in Healthcare and Social Assistance Industries
By Brent I. Clark, Joshua M. Henderson, and Craig B. Simonsen
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational Safety & Health (Cal/OSHA) Standards Board approved last week its regulations on Workplace Violence Prevention in Health
Continue Reading CA Nears Adoption of New Workplace Violence Regulations for Health Care Employers, Home Health Providers, and Emergency Responders
By Brent I. Clark and Craig B. Simonsen
OSHA announced on December 1, 2015, that it had issued a number of “strategies and tools” for preventing workplace violence in the healthcare setting.
The strategies and tools were contained in a new webpage, “Preventing Workplace Violence in Healthcare.” The Agency indicates that the new webpage is part of OSHA’s
Continue Reading OSHA Issues “Strategies and Tools” to “Help Prevent” Workplace Violence in the Healthcare Setting