By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen
Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana.
Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial
Continue Reading High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, Mark A. Lies, James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just announced a National Emphasis Program to prevent falls, the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction
Continue Reading OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National
Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”
By Ilana R. Morady, Adam R. Young, and Patrick D. Joyce
Seyfarth Synopsis: After a lengthy delay due in part to the COVID-19 pandemic, Cal/OSHA has published its proposed indoor heat illness prevention standard. After the publication, there is a 45-day comment period, ending at the Standards Board May 18, 2023 meeting. The Standards Board
Continue Reading Cal/OSHA Turns Up The Heat on Employers
By Adam R. Young, Patrick D. Joyce, James L. Curtis, Daniel R. Birnbaum, Melissa A. Ortega and Craig B. Simonsen
Seyfarth Synopsis: The Biden Administration is seeking a 17% funding increase for OSHA under the Department of Labor’s fiscal year 2024 budget request.
The FY 2024 budget request for OSHA is approximately $738.7 million, an
Continue Reading Biden Administration Requests Big Budget Increase For OSHA
By Brent I. Clark, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Daniel R. Birnbaum, and Melissa A. Ortega
Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of Labor, including
Continue Reading Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference
By Brent I. Clark, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Daniel R. Birnbaum, and Melissa A. Ortega
Seyfarth Synopsis: This week we are attending the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting in San Diego, California. The meeting includes representatives from the U.S. Department of Labor, including
Continue Reading Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference
By Benjamin D. Briggs, A. Scott Hecker, Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose of
Continue Reading Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, Brent I. Clark, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: Occupational noise exposure is common in certain industries across the United States, such as construction, manufacturing, and even warehousing and logistics. According to OSHA, the “Center for Disease Control (CDC) estimates that 22
Continue Reading OSHA Reiterates Concerns About Occupational Hearing Damage and Loss
By Adam R. Young, Brent I. Clark, Benjamin D. Briggs, Daniel R. Birnbaum, Mark A. Lies, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for
Continue Reading OSHA Issues New Instance-by-Instance Penalties Policy