By Adam R. YoungMark A. Lies, II, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is initiating a rulemaking to develop a heat illness standard.

For decades, federal OSHA has enforced occupational heat illness hazards through the Occupational Safety and Health Act’s General Duty Clause. OSHA has recently updated its
Continue Reading OSHA Begins the Process to Issue Heat Illness Standard for Indoor and Outdoor Workplaces

By Patrick D. JoyceIlana R. Morady, Adam R. Young, and Daniel R. Birnbaum

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor Heat Rules, Issues under the Freedom of Information Act, OSHA’s
Continue Reading Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

By Bernie Olshansky and Ilana R. Morady

Seyfarth Synopsis: As the mercury rises, California employers must comply with regulatory requirements to keep their employees cool.  Employers should be aware of Cal/OSHA’s existing requirements for outdoor workplaces and proposed rules which could turn up the heat on indoor employers.

California Keeps It Cool

For many years, Cal/OSHA has distinguished itself
Continue Reading Cool For the Summer

By Benjamin D. Briggs, Ilana R. Morady, and Kerry M. Mohan

To cap off the winter ABA conference, on Friday the conference discussed recent OSHA Review Commission decisions involving deference given to the Secretary’s interpretation, heat illness, and combustible dust.

Chief Judges Rooney (OSHRC) and Lesnick (MSHRC) discussed ethical and professional behavior before the Court, reminding attorneys to
Continue Reading Update from the ABA OSHA/MSHA Conference

By Geoffrey C. Westbrook and Joshua M. Henderson

Just when one might have thought California employment law couldn’t get any stickier for employers, in January 2014 the California Legislature turned up the heat by expanding meal and rest break penalty provisions. Now there’s a new penalty for failure to provide “cool-down,” or recovery, periods to prevent heat illness.

Before, heat
Continue Reading Avoid the Summer Heat! Sweat the Details of California’s “Cool-Down” Periods and Avoid the Burn of Wage and Hour Class Litigation