Seyfarth Synopsis: With another dramatic reversal from a pro-labor Democratic administration to a second Trump administration, we anticipate that OSHA is likely to pivot away from its current enforcement-heavy agenda to a greater emphasis on cooperation with the business community.
As we try to anticipate the shifts of a second Trump administration, supported by a Republican-controlled Congress (albeit with
Continue Reading Radical Change at OSHA During Second Trump Administration?
By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer.
OSHA’s new Severe Injury Report dashboard allows the public to search and download data by year
Continue Reading OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer
By Patrick D. Joyce and Ilana Morady
Seyfarth Synopsis: A new rulemaking is underway at the California Department of Industrial Relations that will allow Cal/OSHA to cite employers for “enterprise-wide and egregious” violations, implementing a 2021 law signed by Governor Newsom. Cal/OSHA will convene an advisory committee on August 19, 2024 to solicit input.
Background
California employers may remember back
Continue Reading California Employers — Brace Yourselves; Rules and Penalties are Coming for “Enterprise-wide and Egregious” Violations
By Patrick D. Joyce, Ilana Morady, and Daniel R. Birnbaum
Seyfarth Synopsis: On July 24, 2024, Cal/OSHA’s indoor heat rule was approved by the Office of Administrative Law (OAL) and filed with the Secretary of State (SOS), rendering the rule effective immediately.
If you’ve been following our postings, you know that last month the Cal/OSHA Standards Board voted
Continue Reading Hot Fun in the Summertime: Cal/OSHA Indoor Heat Rule Effective Immediately
By Bernard Olshansky and Patrick D. Joyce
Seyfarth Synopsis: Expanding a law enacted in 2022, New York’s legislature passed another bill that seeks to limit warehouse-related injuries by requiring employers to establish and implement an injury reduction program, evaluate certain jobs for ergonomic injury risks, correct risk factors, and provide injury reduction training.
Background: New York State’s Commitment to Warehouse
Continue Reading New Bill Seeks to Provide New York State Warehouse Workers with Additional Injury ProtectionsBy Adam R. Young, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: The Occupational Safety and Health Administration’s (“OSHA”) Hazard Communications (“HazCom”) Standard was the most frequently cited general industry standard in the past fiscal year. OSHA recently announced a final rule that will update the current HazCom Standard to require new information on Safety Data Sheets
Continue Reading OSHA Final Rule to Revise Chemical Labelling and Safety Data Sheets
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last week in federal court in the Western District of Texas
Continue Reading U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule
By Matthew A. Sloan, A. Scott Hecker, and Adam R. Young
Seyfarth Synopsis: On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA inspections.
Under Section 8(e) of the Occupational Safety and Health Act, employees and employers alike
Continue Reading Union Intrusion: New OSHA Rule Permits Non-Employee Union Representatives on OSHA Inspection Walkarounds
By Adam R. Young and Aaron M. Gillett
1. A Nightmare Acquisition
Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic forklift accident in a warehouse operated by a subsidiary of the newly acquired target company. An employee
Continue Reading Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions
By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review
Continue Reading Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference