By Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, A. Scott Hecker, James L. Curtisand Craig B. Simonsen

Seyfarth Synopsis: To increase enforcement concerning workplace violence incidents, OSHA published a Standard Interpretation Letter concluding injuries resulting from workplace violence are recordable, even if the incident occurs outside of the workplace.

OSHA regularly issues

Continue Reading OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace

By Benjamin D. BriggsA. Scott Hecker, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: CDC’s new COVID-19 Quarantine and Isolation calculator “takes the stress out of deciding when, and for how long, individuals with COVID-19 and close contacts need to stay home, get tested, and wear a well-fitting mask.”

The new CDC calculator may
Continue Reading CDC Publishes New Quarantine and Isolation Calculator

By Benjamin D. BriggsAdam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the development of a permanent OSHA standard to protect healthcare and healthcare support
Continue Reading Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers

By James L. Curtis, Brent I. ClarkMark A. LiesAdam YoungPatrick D. Joyce, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Department of Labor reported today that “U.S. healthcare workers experienced a staggering 249 percent increase in injury and illness rates in 2020, based on employer-reported data, as
Continue Reading OSHA To Address Soaring Injury Rates at Healthcare Facilities

By Mark A. Lies, IIAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: A recent Eastern District of Wisconsin case held that an OSHA 11(c) retaliation claim will survive summary judgment where the employer failed to comply with its own investigation procedures.

In Acosta v Dura-Fibre, No. 17-C-589, 27 OSHC 1179 (ED Wis. May 30,
Continue Reading Failure To Follow Company’s Own Internal Procedures Can Be Used Against It In OSHA 11(c) Retaliation Case

By Joshua M. HendersonIlana R. Morady, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis:  On March 9, 2018, the California Office of Administrative Law approved the new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement new requirements to protect employees who perform housekeeping
Continue Reading California Hotel Workers Musculoskeletal Injury Prevention Regulation to Take Effect July 1, 2018

By Joshua M. Henderson

Seyfarth Synopsis:  This past week, the Cal/OSHA Standards Board approved a new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement new requirements to protect employees who perform housekeeping tasks from any “musculoskeletal injury.”

This new regulation–“Hotel Housekeeping Musculoskeletal Injury Prevention”–is intended to
Continue Reading California Moves Closer to Regulating Hotels Toward Musculoskeletal Injury Prevention

Starting January 1, 2015, OSHA’s recordkeeping rules will undergo a change to two key provisions.

One, a number of industries that were previously not required to keep OSHA injury and illness records will now have to maintain a log to comply with OSHA standards, and two, the list of severe work-related injuries and hospitalizations that must be reported to OSHA
Continue Reading Webinar on OSHA Recordkeeping: Civil and Criminal Liabilities in 2015

By James L. Curtis and Craig B. Simonsen

In a stunning finding, after public hearings, OSHA has concluded, based on “many stakeholders expressed concern,” that its illness reporting requirements proposal “could motivate employers to under-record injuries and illnesses.” 79 Fed. Reg. 47605 (August 14, 2014).

As we noted in an earlier blog (OSHA Shame Game Continues: Its Plan to
Continue Reading In Stunning Finding OSHA Concludes that Record Keeping Proposal Could Motivate Employers to Under-Record Injuries and Illnesses

By James L. Curtis, Kerry M. Mohan, and Craig B. Simonsen

The Occupational Safety and Health Administration announced yesterday that it will extend the comment period thirty days, to March 8, 2014, on its proposed rule to “improve workplace safety and health through improved tracking of workplace injuries and illnesses.” 79 Fed. Reg. 778 (January 7, 2014).

As we
Continue Reading Comment Period Extended for OSHA’s Proposed Rule to Publish Injury Rates For Employers With Over 250 Employees