By Robert S.  Whitman and Daniel I. Small

Seyfarth Synopsis: The New York State Legislature is keeping busy with new employment legislation as the local and national economies continue to recover from the COVID-19 pandemic.

On April 21, 2021, both houses of the Legislature announced passage of portions of the NY Hero Act, which requires extensive new workplace health and
Continue Reading New York State Enacts Worker Safety Legislation and Considers Other Employee Friendly Bills

By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  Federal OSHA has put grain handling safety right up-front on its main homepage.  OSHA wants you to “learn how to stay safe during grain handling operations.”

Concerning the Agency’s Grain Handling Facilities Standard, 29 C.F.R. § 1910.272, the Agency explained that “grain
Continue Reading OSHA.gov Highlights Grain Handling Facility Safety on Main Website

By Benjamin D. BriggsBrent I. Clark, Adam R. YoungMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020.  Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of Combustible Dust.

According to
Continue Reading Updated Combustible Dust NFPA Industry Consensus Standard Gives OSHA New Tool to Cite Employers: Does Your Facility Comply?

By Joshua M. HendersonIlana R. MoradyBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis:  The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in Indoor Places of Employment.  It is seeking public comments.

Marijuana/Cannabis
Continue Reading Cal/OSHA Drafts Rules for the Marijuana/Cannabis Industry and Heat Illness Prevention in Indoor Places of Employment

By Joshua M. HendersonIlana R. MoradyBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis:  The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry.  It is seeking public comments.

The meeting was to seek input on the new
Continue Reading Cal/OSHA Drafts Rules for Workplace Violence Prevention in General Industry

By Ilana R. Morady, James L. Curtis, and Meagan Newman

IM imageMost employers in the construction industry already know that OSHA issued a new confined space standard for construction that became effective on August 3, 2015.

Companies with employees who enter confined spaces at construction sites must be sure to understand the new regulation and adjust their processes in
Continue Reading Are You in Compliance with OSHA’s New Confined Space Standard for the Construction Industry?

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

bottleThe Occupational Safety and Health Administration issued yesterday an enforcement memo (Memo) and an interim policy (Policy) on the PSM retail exemption.

Tho Memo revised OSHA’s interpretation of the exemption of retail facilities from coverage of the Process Safety Management of Highly Hazardous Chemicals (PSM) standard (29 CFR
Continue Reading OSHA Enforcement Memo and Interim Policy on the Process Safety Management Retail Exemption

By Roy Meilman and Michael Rosenthal

After many months of discussion and opposition, the American Taxpayer Relief Act of 2012 (the Act), signed into law by President Obama on January 2, 2013, to avert the fiscal cliff, extended and modified the laws surrounding renewable energy credits through January 1, 2014, some of which were set to expire December 31, 2012.


Continue Reading Last Minute Extension and Modification Finally Comes for Renewable Energy Tax Credits

By James L. Curtis and Craig B. Simonsen

In a recent Occupational Safety and Health Review Commission (OSHRC) case, Secretary v. Nuprecon, LP, No. 08-1037 (February 7, 2012), the Commission found that an Occupational Safety and Health Administration (OSHA) citation cannot be based upon OSHA’s speculation as to what might happen, but rather must be based upon actual employee


Continue Reading Occupational Safety and Health Review Commission Finds It Was Not “Reasonably Predictable” that Bobcat Operator Would be Exposed to Fall Hazard