By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule.
A Texas federal court won’t decide the
Continue Reading Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting Deadline
By Adam R. Young and Craig B. Simonsen
Seyfarth Synopsis: The Affordable Care Act faces an uncertain future under the Trump administration, which will affect whistleblower provisions enforced by OSHA.
In October 2016, the Occupational Safety and Health Administration published a final rule that established procedures and time frames for handling whistleblower complaints under the Patient Protection and Affordable
Continue Reading OSHA Procedures for Retaliation Complaints Under the Affordable Care Act Await New Administration
By Benjamin D. Briggs, Brent I. Clark, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Business organizations have once again brought suit against OSHA’s new electronic reporting and retaliation rule, arguing that the proposed online database violates employers’ First and Fifth Amendment rights and oversteps OSHA’s authority.
The National Association
Continue Reading OSHA’s New Electronic Reporting and Anti-Retaliation Rule Challenged By Industry Groups in Oklahoma
By Benjamin D. Briggs, Brent I. Clark, James L. Curtis, Mark A. Lies, II, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Federal District Court has denied industry’s request to enjoin OSHA’s new rules on mandatory post-accident drug screenings and safety incentive programs, workplace retaliation, and requiring employers to post OSHA logs
Continue Reading Court Denies Preliminary Injunction on New OSHA Rules on Drug-Testing, Retaliation Claims, and Accident Reporting
By Brent I. Clark, Mark A. Lies, II, Patrick D. Joyce, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule.
We previously blogged that OSHA had again delayed, to December 1, 2016, enforcement of the anti-retaliation provisions
Continue Reading Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule
By Mark A. Lies, II, Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date.
OSHA announced today that it has again delayed the effective date for enforcement of the anti-retaliation provisions
Continue Reading OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: OSHA asserts that its new injury illness reporting rule is fully within OSHA’s mandate.
This is in follow-up to our earlier blog on OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses (Rule), 81 Fed. Reg. 29624 (May 12, 2016). The new rule concerned drug-testing, retaliation claims, and
Continue Reading OSHA Responds to Manufacturers’ Lawsuit on New Workplace Injury and Illness Reporting Rule
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and should watch these cases closely.
The U.S. Department of
Continue Reading OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review
By James L. Curtis, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA announced a three month delay in the rule’s effective date.
OSHA announced yesterday that it has delayed the effective date for enforcement of its new rule to Improve
Continue Reading OSHA Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule
By James L. Curtis, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: A lawsuit has been filed against OSHA challenging its May 2016 retaliation and recordkeeping rule.
We had blogged recently about the OSHA’s new rule on drug-testing, retaliation claims, and accident reporting. Improve Tracking of Workplace Injuries and Illnesses (Rule), 81 Fed. Reg. 29624 (May
Continue Reading Business Organizations Sue OSHA Over Workplace Injury and Illness Reporting Rule