By Andrew H. Perellis, Jeryl L. Olson, Brent I. Clark, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and interpretations of federal rules
Continue Reading President Issues Executive Orders on Guidance Documents and Transparency
By Adam R. Young, Michael L. DeMarino, Jennifer L. Mora, and Craig B. Simonsen
Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for cannabis use. The legislation takes effect on Jan. 1, 2020.
Across the
Continue Reading High Times Continue – Illinois Enacts Recreational Cannabis Law
By Adam R. Young, Michael L. DeMarino, and Jennifer L. Mora
Seyfarth Synopsis: Illinois Governor J.B. Pritzker is expected to sign a new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for cannabis use.
Across the country, states are moving to legalize medical and recreational
Continue Reading Half Baked — Illinois Legislature Includes Some Employer Protections in New Recreational Cannabis Law, But Creates Potential Liabilities
By Adam R. Young, Michael L. DeMarino, and Craig B. Simonsen
Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use.
Across the country, states are moving to legalize medical and recreational marijuana. In states that
Continue Reading Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights
By James L. Curtis, Benjamin D. Briggs, Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The DOL Inspector General recently issued an audit report that “OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed,” Report No. 02-19-001-10-105 (March 28, 2019).
The federal Occupational Safety and Health
Continue Reading OSHA Failed to Follow Own Procedures in Issuing Suspect Guidance Documents, Inspector General Finds
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by
Continue Reading Still Business-Friendly Times – DOJ Limits the Use of Agency Guidance Documents in Civil Enforcement
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general contractor. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. August 4, 2017). The Fifth
Continue Reading Fifth Circuit Last to Uphold OSHA’s Multi-Employer Worksite Doctrine
By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.” The session was presented by Karen Puckett, the Director
Continue Reading National Safety Council Congress Session on Driving Safety – The Missing Link in Your Company Safety and Health Management Systems
By Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a temporary employee’s safety and health in two new guidance documents relating to respiratory protection, noise exposure, and hearing conservation. Temporary agencies and host employers
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents
By Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: A recent Eastern District of Wisconsin case held that an OSHA 11(c) retaliation claim will survive summary judgment where the employer failed to comply with its own investigation procedures.
In Acosta v Dura-Fibre, No. 17-C-589, 27 OSHC 1179 (ED Wis. May 30,
Continue Reading Failure To Follow Company’s Own Internal Procedures Can Be Used Against It In OSHA 11(c) Retaliation Case