Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee’s Midwinter Meeting in San Juan with sessions that took a deep dive into the future of AI in safety, trial advocacy in OSHA litigation, necessary modernization of longstanding OSHA standards, and the ethical landscape surrounding inspections and citations. Here
Continue Reading ABA OSHA Midwinter Meeting – Day 3 Recap (February 27)
We are in San Juan, Puerto Rico for the American Bar Association’s Workplace Occupational Safety and Health committee’s midwinter meeting. Today’s sessions featured panels of employer and defense attorneys, representatives from various non-profit organizations dedicated to workers safety, and state regulatory agencies discussing the impact of recent deregulation, discrepancy in inspections and enforcement, and the evolution of state plans.
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Continue Reading Report From Day 1 of the 2026 ABA OSH Law Conference
Seyfarth Synopsis: Employers often fail to appreciate the ramifications of industrial hygiene data and medical records. Even non-detect records must be maintained for 30+ years and provided to employees or representatives upon request.
OSHA’s Access to Employee Exposure and Medical Records standard, 29 CFR § 1910.1020, is one of the most frequently misunderstood — and quietly enforced — provisions in
Continue Reading Employee Exposure Records and Medical Records: Avoiding OSHA Citations and Defending Against Future Workers’ Compensation, Tort, and ADA Claims
Under OSHA’s General Duty Clause, employers must provide a workplace free from recognized hazards likely to cause serious injury or death. OSHA regulations require PPE and respiratory protection where necessitated by the hazards at the workplace. Infectious diseases represent a recognized hazard at many workplaces across the United States (particularly in healthcare) and employers must implement appropriate procedures to protect
Continue Reading Navigating the New Public Health Environment: How Employers Should Approach CDC and NIOSH Guidance on Health Hazards in the Trump Administration
Seyfarth Synopsis: New York requires hospitals and nursing home employers to implement written workplace violence prevention plans, including hazard assessments, training, and incident logging within the year.
Health care employers have long faced liabilities relating to workplace violence, most commonly from patients and visitors. Although no federal OSHA standards currently provide requirements for workplace violence in health care (though
Continue Reading New York Latest State to Institute Workplace Violence Prevention Program Requirements for Hospitals and Nursing Homes
Employers with sophisticated safety programs implement overarching Safety and Health Management Systems (“SHMS”, also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly assess hazards, select appropriate safety controls, evaluate safety performance, and engage employees. Federal OSHA recommends an SHMS and routinely demands the development of an SHMS to settle OSHA cases involving serious
Continue Reading Minimizing OSHA Liabilities Through Psychological Safety
The Trump Administration’s fiscal year 2026 budget proposal includes big cuts for OSHA. The Fiscal Year 2026 Congressional Budget Justification is available here. The plan includes an 8% overall budget cut to the Occupational Safety and Health Administration (OSHA). The proposed budget would reduce OSHA’s funding from $632.3 million in FY 2025 to $582.4 million in FY 2026. In
Continue Reading Trump Budget Plan Proposes Big Cuts to OSHA, Lowering Head Count and Limiting Enforcement CapabilitiesSeyfarth Synopsis: On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation.
As we previously blogged, on February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. In the first Trump Administration, the
Continue Reading Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace Violence Plans
The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners have observed state plans making significant efforts to develop and implement workplace violence prevention plans. For example, California’s prevention plan requirements for general industry went into effect
Continue Reading Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Rancho Mirage, California. The meeting includes representatives from management, labor, and safety professionals, some who previously worked in government.
We are attending the ABA Occupational Safety and Health Law Meeting this week in Rancho Mirage, California. On Thursday, March 6, the conference focused on
Continue Reading Report From Day 2 of The 2025 ABA OSHA/MSHA Law Conference