By Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: MSHA just announced its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines. 83 Fed. Reg. 15055 (April 9, 2018).
The Final Rule, which will be effective on June 2, 2018, requires that:
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter allowing workers in non-union workplaces to designate a union representative to act as
Continue Reading OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation
By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter
Continue Reading Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites.
We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow workers without a collective bargaining agreement to designate a union representative to act on their behalf as their “walk-around representative”
Continue Reading OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop comprehensive workplace violence prevention programs and training.
With the wave of violence that has gripped the nation this summer, many clients are again asking
Continue Reading Wave of Shootings Puts Workplace Violence Back in the Spotlight
By Brent I. Clark and Ilana R. Morady
Seyfarth Synopsis: The proposed MSHA rule would require mine operators to examine their mines and to notify miners of dangerous conditions.
MSHA announced today that it has formally submitted a proposed mine examination rule for publication in the June 8, 2016 Federal Register. 81 Fed. Reg. 36818.
The proposed
Continue Reading MSHA Announces Proposed Rule on Mine Examinations
By Brent I. Clark and Ilana R. Morady
Expedited Hearings
A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited proceedings rule, cases are put on a fast track when abatement has been appealed or abatement has not
Continue Reading Update from the ABA OSHA Conference — Cal-OSHA Developments
By Adam R. Young and Craig B. Simonsen
Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace. The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the workplace, it is not the most common.”
The FBI defines workplace violence as “any physical assault, threatening behavior or
Continue Reading Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
The Occupational Safety & Health Administration recently issued its “Inspection Guidance for Poultry Slaughtering and Poultry Processing Establishments” (October 28, 2015).
OSHA explains in the Guidance that workers employed in the poultry industry may face many hazards, including high noise levels, dangerous equipment, musculoskeletal disorders,
Continue Reading Careful: New Inspection Guidance for Poultry Processing Facilities
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has posted its Fiscal Year (FY) 2014 enforcement Facts and Figures.
During FY 2014 the Bureau conducted 4,006 explosives compliance inspections. Of those, ninety percent were either “no violations” (69.4%) or “other” (19.6). “Other” was defined as
Continue Reading ATF Explosives Compliance Inspection Enforcement Facts and Figures