By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in its recent ATF EXPLOSIVES Industry Newsletter, informed the industry of a new voluntary “process to better track industry-owned explosives storage magazines.”
The Bureau noted that during natural disasters, local emergencies, and civil unrest, the ATF assists
Continue Reading ATF Institutes a Voluntary Magazine Identification-Labeling Program
By Joshua L. Ditelberg and Robert S. Winner
In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental Protection Agency on clean power, climate and chemical regulation, 2) the National Labor Relations Board’s major shift on joint-employer
Continue Reading Energy Insights: An Update from the Third Quarter of 2015
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) has just released a substantial update to its Field Operations Manual (FOM), CPL 02-00-159 (October 1, 2015). The FOM is a reference document for OSHA field personnel that provides enforcement policies and procedures in conducting OSHA investigations.
In his related blog, OSHA Administrator David
Continue Reading OSHA Updates its Field Operations Manual
By Ilana R. Morady, James L. Curtis, and Meagan Newman
Last week on our Employer Labor Relations Blog we wrote about a recent ruling of the National Labor Relations Board in the Browning-Ferris Industries (BFI) case that vastly expanded the definition of joint employer.
The case involved two companies, BFI and Leadpoint. Under a contract with BFI, Leadpoint
Continue Reading OSHA Implications Under the NLRB’s New Expansive Definition of Joint Employer
By James L. Curtis, Craig B. Simonsen, and Ronald J. Kramer
The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are asking franchise owners, which appear designed to establish joint employer relationship between franchisors and local
Continue Reading IFA Seeks OSHA Explanation of Applying a New Joint Employer Standard
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 Andrew H. Perellis and Craig B. Simonsen
The U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information and to better manage its compliance process. Report to Congress, GAO-15-614 (July 2015).
Risk Level for Facilities
The Report states
Continue Reading DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
OSHA has just announced a compliance Directive on “Inspection Procedures for the Hazard Communication Standard,” CPL 02-02-079 (July 9, 2015).
We had previously blogged that June 1, 2015 was the deadline for compliance with the all new hazardous communication (HazCom) standard (29 CFR section 1910.1200) (HCS 2012)
Continue Reading OSHA Directive on Inspection Procedures for the Hazard Communication Standard
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