By A. Scott HeckerAdam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is highlighting trenching hazards, and their potentially-dire consequences, on its homepage

OSHA had released CPL 02-00-161 on October 1, 2018, continuing its National Emphasis Program on Trenching and Excavation, (“NEP”), and requiring agency compliance safety and health
Continue Reading OSHA Focusing on Trenching Hazards

By A. Scott HeckerAdam R. YoungJames L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a staffing agency, whether or not
Continue Reading OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance

By Adam R. YoungMelissa A. Ortega, A. Scott HeckerJames L. CurtisBrent I. ClarkBenjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer
Continue Reading CDC Eases COVID-19 Guidelines

By Adam R. YoungMark A. Lies, IIBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Safety and health management systems (SHMSs) may demonstrate a commitment to improving safety and health outcomes, and reduce legal liabilities.

The federal OSHA standards mandate a series of written safety and health programs, depending on the hazards at the worksite,
Continue Reading OSHA Recommends a Safety and Health Management System — Does Your Business Need One?

By Adam R. YoungA. Scott Hecker, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: NIOSH reports in its recent Science Blog that “falls are the leading cause of death among construction workers.”

NIOSH notes that each year roughly 300–400 construction workers fall to their deaths, most often while working at heights on roofs, ladders,
Continue Reading Fatal Falls in Construction Account For More Than Half of All Work-Related Falls Nationally

By A. Scott Hecker, Adam R. YoungMark A. LiesJames L. CurtisPatrick D. Joyce,  and Craig B. Simonsen

Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word “uncontrolled” is unambiguous and not
Continue Reading What a Whopper – Court Finds An “Uncontrolled” HAZWOPER Release Doesn’t Mean “Any Release, No Matter How Small”

By Brent I. ClarkAdam R. Young, A. Scott Hecker, Ilana R. Morady, and Craig B. Simonsen

Seyfarth SynopsisWe recently blogged that Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States. Now the federal Mine Safety and Health Administration (MSHA) has launched an enforcement initiative
Continue Reading MSHA Launches Enforcement Initiative To Protect Miners From Overexposure To Respirable Crystalline Silica

By Adam R. YoungMark A. LiesBrent I. Clark, James L. CurtisPatrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega

Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.

The Multi-Employer Worksite Doctrine allows the Occupational Safety
Continue Reading “Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine

By A. Scott Hecker, Benjamin D. Briggs, Adam R. YoungPatrick Joyce, and Craig B. Simonsen

Seyfarth SynopsisOn May 25, 2022, Douglas Parker, Assistant Secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration, testified before the U.S. House Committee on Education and Labor’s Workforce Protections Subcommittee regarding his vision for the
Continue Reading The Slow and the Furious: OSHA’s Rulemakings Continue at Various Stages with Infectious Diseases a Priority

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

Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past. 

In March 2022 at the ABA OSHA conference, OSHA enforcement leadership publicly declared the “COVID-19
Continue Reading COVID-19 “Endemic” is Not Over: OSHA is Opening New COVID-19 Programmed Inspections