By James L. Curtis, Mark A. Lies, II, Matthew A. Sloan, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and social service workers from workplace violence.
Continue Reading House Passes Legislation on Workplace Violence in Healthcare and Social Assistance
By Mark A. Lies, II, Brent I. Clark, Adam R. Young, Patrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of the General Duty
Continue Reading Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence
By Brent I. Clark, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019).
A recent decision from the U.S. Court of Appeals for
Continue Reading OSHA and Title VII on Workplace Violence in Healthcare and Social Assistance
By James L. Curtis, Daniel Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: NIOSH reiterated last week that healthcare workers are exposed to a wide range of hazards on the job and healthcare employers may not be following best practices to protect against these hazards.
Healthcare is the fastest-growing sector of the U.S. economy, employing over 18 million
Continue Reading Nothing to Sneeze At: Evaluating Employee Safety Protections in the Healthcare Industry
By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on injury recordkeeping violations to six months.
Prior to 2012, OSHA’s longstanding position
Continue Reading OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause violation, as well as NIOSH’s guidance for determining the potential for workplace violence.
OSHA defines
Continue Reading OSHA Updates its Enforcement Procedures Directive for Exposure to Workplace Violence
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II, and Craig B. Simonsen
Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or illness which continues for
Continue Reading Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records
By Mark A. Lies, II, Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.
The Occupational Safety and Health Administration announced last week a new final rule that “clarifies an
Continue Reading OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And Illnesses
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA Publishes RFI on Proposed Rule Concerning Workplace Violence in Healthcare and Social Assistance Industries.
Federal OSHA currently enforces workplace violence under the General Duty Clause, under which OSHA requires employers to take affirmative steps to protect their employees. In a not-so-surprising action,
Continue Reading Proposed Rule for Prevention of Workplace Violence in Healthcare and Social Assistance Industries
By Brent I. Clark, Joshua M. Henderson, and Craig B. Simonsen
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational Safety & Health (Cal/OSHA) Standards Board approved last week its regulations on Workplace Violence Prevention in Health
Continue Reading CA Nears Adoption of New Workplace Violence Regulations for Health Care Employers, Home Health Providers, and Emergency Responders