By Lorie E. AlmonMeredith-Anne BergerAnne R. Dana, and Glenn J. Smith

Seyfarth Synopsis: With no fanfare or effective means of publication, New York adopted an emergency regulation, effective May 26, 2021, implementing the latest CDC guidance on face coverings, with certain key exceptions. Notably, face coverings are required for unvaccinated food service workers at all
Continue Reading The Never Ending Story – More COVID-19 Guidance for New York: Adoption of an Emergency Regulation for Face Coverings and Proposed Rollbacks of Industry-Specific Guidance

By James L. CurtisBenjamin 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 James L. Curtis, Brent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly agency.

As we try to anticipate the President-Elect
Continue Reading What to Expect From OSHA in a President-Elect Trump Administration

By Benjamin D. Briggs, Brent I. ClarkJoshua M. Henderson, and Craig B. Simonsen

Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California employers.

In August 2015 Cal/OSHA published a Notice of Proposed Rulemaking regarding Repeat
Continue Reading Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program

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

In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent the ejection of a workpiece
Continue Reading Eighth Circuit Rejects OSHA’s Attempt to Expand the Scope of its Machine Guarding Standard

By Andrew H. Perellis and Patrick D. Joyce

US Supreme Court Capitol Hill Daytime Washington DCIn the recently released decision in Perez v. Mortgage Bankers Association (MBA), 575 U.S. ____, 135 S.Ct. 1199 (2015), Supreme Court Justices Scalia and Thomas expressed their discontent with agency deference under the “Auer doctrine.”

Another Seyfarth blog, the Wage & Hour Litigation Blog, discusses the major holding
Continue Reading Judicial Deference to Informal Agency Interpretations: Could this be the Beginning of the End for Auer?