By Daniel R. BirnbaumPatrick D. JoyceAdam R. YoungCoby Turner, and Elizabeth M. Levy

Seyfarth Synopsis: Following its June 3, 2021 meeting, when the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), the Board convened an emergency meeting on June 9, 2021, where it voted unanimously
Continue Reading Fast and Furious 3: Cal/OSHA’s Emergency Temporary Standard Drift

By Benjamin D. BriggsCoby TurnerElizabeth M. LevyIlana MoradyPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021,

Continue Reading Take 3! Cal/OSHA ETS Revisions Still Pending

By Brent I. Clark, Benjamin D. BriggsJames L. Curtis, Adam R. YoungPatrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational Safety
Continue Reading Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking

By James L. Curtis, Ilana Morady, Adam R. YoungPatrick D. JoyceElizabeth M. Levy, Coby Turner, and Craig B. Simonsen

Seyfarth Synopsis: Cal/OSHA will hold a stakeholder meeting on the California OSHA COVID-19 emergency temporary standard (ETS), which became effective November 30, 2020 and includes new documentation, COVID-19 testing, earnings continuation, and
Continue Reading Cal/OSHA Stakeholder Meeting on COVID-19 ETS Rules

By Benjamin D. Briggs, Ilana R. Morady, and Patrick D. Joyce

Seyfarth Synopsis: Last month we blogged about the Cal/OSHA Occupational Safety and Health Standards Board’s unanimous vote for a COVID-19 temporary emergency standard and a permanent infectious diseases standard. Cal/OSHA was tasked with drafting proposed text for the temporary emergency standard by the Standard Board’s November
Continue Reading Cal/OSHA Moves Closer to Issuing New COVID-19 Emergency Temporary Standard

By Benjamin D. BriggsPatrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: On September 17, 2020, as the COVID-19 pandemic continued, Cal/OSHA’s Occupational Safety and Health Standards Board voted unanimously to draft a COVID-19 temporary emergency standard and a permanent infectious disease standard, with a deadline for consideration at their November 19
Continue Reading Stay Tuned – California OSH Standards Board Moves Forward with New COVID-19 Emergency Temporary Standard

By Andrew H. Perellis, Jeryl L. Olson, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution Control Board, Docket Nos. 122798 and 122813 (June 20, 2019).
Continue Reading Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines for Determining if Agency Action is Arbitrary or Capricious

By Brent I. ClarkIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: MSHA just announced a Request for Information (RFI) on safety improvement technologies for mobile equipment and for belt conveyors, both at surface mines. 83 Fed. Reg. 29716 (June 26, 2018).

In its RFI MSHA notes that “mining safety could be substantially improved by preventing
Continue Reading MSHA Issues RFI for Safety Improvement Technologies and Belt Conveyors

By Brent I. ClarkIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: MSHA just announced its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines. 83 Fed. Reg. 15055 (April 9, 2018).

The Final Rule, which will be effective on June 2, 2018, requires that:

  • Each working place be examined at least


Continue Reading Operators Beware! MSHA Issues Final Rule on Examinations of Working Places in Metal and Nonmetal Mines

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