By Mark A. Lies, II, Brent I. Clark, Adam R. Young, Patrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of the General Duty
Continue Reading Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence
By James L. Curtis, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Health care workers face a range of safety issues, such as ergonomics, blood borne pathogens, and
Continue Reading Future Enterprise – Workplace Safety Compliance Comes to the Forefront for Expanding Healthcare Industry
By Brent I. Clark, James L. Curtis, Ilana R. Morady, Patrick D. Joyce, Adam R. Young, and Daniel Birnbaum
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting.
We continue to attend the ABA Occupational Safety and Health
Continue Reading Another Update from the ABA OSHA Conference
By Joshua M. Henderson, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public comments.
The meeting was to seek input on the new
Continue Reading Cal/OSHA Drafts Rules for Workplace Violence Prevention in General Industry
By Brent I. Clark and Craig B. Simonsen
The National Institute for Occupational Safety and Health (NIOSH) has recently launched its National Center for Productive Aging and Work (Center).
The new “virtual center,” will focus on worker safety at all ages, promoting lifelong well-being, and will advance the concept of “productive aging.” The NIOSH news release about the Center indicates
Continue Reading NIOSH and Older Workers in the Workplace
By Mark A. Lies, II and Craig B. Simonsen
Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.
In one case, decided by the United States Court of Appeals
Continue Reading Workplace Violence – Putting Employers on the Horns of a Dilemma
By Mark A. Lies, II and Craig B. Simonsen
An Occupational Safety and Health Review Commission Administrative Law Judge has determined that a healthcare provider company did not protect a social service coordinator, who was fatally stabbed outside her client’s home in December 2012.
According to the OSHA news release, the healthcare client had severe mental illness and a
Continue Reading Judge Affirms OSHA Citation in Death of Healthcare Worker Killed by Mentally Ill Client
By James L. Curtis and Craig B. Simonsen
OSHA has released an “Inspection Guidance for Inpatient Healthcare Settings,” that will focus its inspectors attention to musculoskeletal disorders, workplace violence, bloodborne pathogens, tuberculosis, and slips, trips, and falls.
The Guidance focuses on hazards that were included in OSHA’s recently-concluded National Emphasis Program on Nursing and Residential Care Facilities, CPL
Continue Reading Healthcare Employers to Get Even More Attention from OSHA
By James L. Curtis, Meagan Newman, and Kerry Mohan
“When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the
Continue Reading DC Circuit Denies Review of OSHA Citation Against SeaWorld: What Does this Mean for the Circus, Football…or Healthcare Providers?
By James L. Curtis and Craig B. Simonsen
OSHA recently released its Safe Patient Handling — Preventing Musculoskeletal Disorders in Nursing Homes Fact Sheet. OSHA Fact Sheet (OSHA FS-3707, 2014).
OSHA, on its Healthcare webpage, indicates that more workers were injured in the healthcare and social assistance industry sector in 2010 than any other. Reviewing Bureau of Labor
Continue Reading Healthcare Industry Receives New Fact Sheet on Musculoskeletal Disorders in Nursing and Residential Care Workers