By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual workplace fatalities. The statistics show an ongoing struggle for employers with
Continue Reading Transportation and Workplace Violence Stand Out in Census of 2016 Fatal Occupational Injuries
By James L. Curtis, Daniel 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 James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: A recent active shooter incident at an international airport illustrates both how quickly an incident may be over, yet how ancillary impacts take much longer to resolve. While the shooter was apprehended in less than two minutes, the international airport was shut down for most of a full day, impacting
Continue Reading Airport Active Shooter Incident — What Can Happen in Just 15 Seconds, and What Business Needs to Know
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth 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
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: Employers that are regulated under any of the 22 federal whistleblower protection laws are encouraged to review company policies, procedures, and training systems to examine conformity with this guidance.
The Occupational Safety and Health Administration has just issued its Recommended Practices for Anti-Retaliation Programs
Continue Reading OSHA Publishes Recommended Practices for Anti-Retaliation Programs
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA Publishes RFI on Proposed Rule Concerning Workplace Violence in Healthcare and Social Assistance Industries.
Federal OSHA currently enforces workplace violence under the General Duty Clause, under which OSHA requires employers to take affirmative steps to protect their employees. In a not-so-surprising action,
Continue Reading Proposed Rule for Prevention of Workplace Violence in Healthcare and Social Assistance Industries
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations.
The Federal Railroad Administration (FRA) has just issued its Safety Advisory 2016–02 (November 28, 2016). The
Continue Reading FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies
By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply!
Despite a Congressional “request” that agencies not move forward on new regulations during the transition to the Trump administration,
Continue Reading Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces
By Brent I. Clark, Joshua M. Henderson, and Craig B. Simonsen
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational Safety & Health (Cal/OSHA) Standards Board approved last week its regulations on Workplace Violence Prevention in Health
Continue Reading CA Nears Adoption of New Workplace Violence Regulations for Health Care Employers, Home Health Providers, and Emergency Responders
By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard.
The U.S. Court of Appeals for the District of Columbia Circuit recently ruled against OSHA on
Continue Reading DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process