By Adam R. YoungPatrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: According to the Bureau of Labor Statistics, the number of fatal work injuries in 2020 was the lowest since 2013.

There were 4,764 fatal work injuries recorded in the United States in 2020, a 10.7% decrease from 5,333
Continue Reading New BLS Data Show Major Hazards Causing Occupational Fatalities in 2020

By Jeryl L. Olson, Ilana R. MoradyKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis:  On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s Toxic Release Inventory (TRI) list of reportable chemicals under
Continue Reading NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI

By Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list.

The U.S. Environmental Protection Agency (EPA) has asked industry stakeholders to provide comments on a proposal to add per- and polyfluoroalkyl
Continue Reading EPA Advance Notice of Proposed Rulemaking on Per- and Polyfluoroalkyl Chemicals

By Brent I. Clark, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: OSHA recently released new publications directed towards safety professionals and managers. The publications offer guidance on what to look for during worksite safety check walk-arounds.  In addition, OSHA suggests that the employer’s completed 300 logs may be used by the employer as a guide
Continue Reading OSHA Issues New Publications For Safety Professionals

By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual workplace fatalities.  The statistics show an ongoing struggle for employers with
Continue Reading Transportation and Workplace Violence Stand Out in Census of 2016 Fatal Occupational Injuries

By Benjamin D. Briggs, Brent I. ClarkJoshua M. Henderson, and Craig B. Simonsen

Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California employers.

In August 2015 Cal/OSHA published a Notice of Proposed Rulemaking regarding Repeat
Continue Reading Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program

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”

One wordSeyfarth Partner James L. Curtis was one of sixteen “top legal experts” interviewed to provide a “list of critical information you should be aware of in the event you receive an OSHA citation.” See16 Legal Tips: Handling OSHA Citations the Right Way”  (Intelivert, 2016).

The article notes that the experts weighed in with “simple, actionable tips that
Continue Reading 16 Legal Tips: Handling OSHA Citations the Right Way

By Patrick D. Joyce

It’s the end of 2015 and most building owners are looking forward to a new year and the possibilities it may hold. But wait. Don’t forget to complete the City of Chicago Annual Elevator Inspection Certification (AIC).

The AIC program requires building owners or managers to complete an Inspection Certification by a certified inspection company by
Continue Reading Chicago Building Owners – Don’t Forget Your Annual Elevator Inspection Certification

By Brent I. Clark and Craig B. Simonsen

PSM Blog PicOSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices” (RAGAGEP) requirements, including how to interpret “shall” and “should”  language in published codes, standards, published technical reports, recommended practices, and similar documents.

According to
Continue Reading OSHA Interpretation on Recognized and Generally Accepted Good Engineering Practices in Process Safety Management