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 Mark A. Lies, II,  Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing;  “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv).”

We previously 
Continue Reading OSHA Clarifies Position on Lawful Post-Incident Drug Testing and Reverses Course on Safety Incentive Programs

By James L. CurtisPatrick D. Joyce, and  Craig B. Simonsen

Seyfarth Synopsis: OSHA reminded specific employers on Monday that the deadline for electronically submitting their 2017 Form 300A data to OSHA is July 1, 2018.

Electronic submission of 2017 Form 300A data is due by July 1, 2018 for establishments with 250 or more employees that
Continue Reading Reminder – Specific Employers are Required to Electronically Submit 2017 Injury and Illness Data by July 1

By Brent I. ClarkJames L. Curtis, Benjamin D. Briggs, Mark A. Lies, IIIlana R. Morady, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis:  OSHA’s has indicated in a news release that it “will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on December
Continue Reading OSHA Accepting 2016 Electronically Submitted Injury, Illness Reports through December 31 AND Intends to Significantly Revise the Rule

By James L. CurtisDaniel 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 Brent I. ClarkJames L. CurtisBenjamin D. BriggsMark A. Lies, IIIlana R. Morady, and Patrick D. Joyce,

Seyfarth Synopsis:  OSHA’s has indicated in a news release that it “intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions” of the “Improve Tracking of Workplace Injuries
Continue Reading OSHA Intends to “Reconsider, Revise, or Remove Portions” of Injury and Illness E-Reporting Rule Next Year

By Brent I. ClarkJames L. CurtisBenjamin D. BriggsMark A. Lies, IIIlana R. Morady, and Patrick D. Joyce

Seyfarth Synopsis:  As most employers probably know by now, OSHA’s revised recordkeeping rule requires certain employers to electronically file injury and illness data with OSHA. Originally the reporting deadline was July 1, 2017.
Continue Reading OSHA Extends E-Reporting Deadline to December 15, 2017

By James L. Curtis and Craig B. Simonsen

Seyfarth Synopsis: OSHA has proposed to delay the reporting compliance deadline, until December 1, 2017,  for certain employers to electronically file injury and illness data.

Under OSHA’s revised recordkeeping rules certain employers are required to electronically file injury and illness data with OSHA.  As we noted previously in our blog, the
Continue Reading OSHA Delays Electronic Filing Date for Injury and Illness Records Until December 1, 2017

By James L. Curtis

iStock_000004162096LargeSeyfarth Synopsis: OSHA has announced that it will be proposing a delay to the July 1, 2017 deadline for certain employers to electronically file injury and illness data.

Under OSHA’s revised recordkeeping rules certain employers are required to electronically file injury and illness data with OSHA.  As we noted previously in our blog, the rule
Continue Reading Breaking News: OSHA Proposes to Delay Electronic Submission of Injury and Illness Records

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

shutterstock_171692768Seyfarth 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