By Ilana Morady, Brian B. Gillis, Clara Rademacher, Patrick D. Joyce, and Bradley Doucette
Seyfarth Synopsis: Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and avoid workplace violence, and maintain
Continue Reading Workplace Violence Prevention Plans Required For California Employers by July 2024By James L. Curtis, Mark A. Lies, II, Matthew A. Sloan, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and social service workers from workplace violence.
Continue Reading House Passes Legislation on Workplace Violence in Healthcare and Social Assistance
By Mark A. Lies, II, Brent I. Clark, Adam R. Young, Patrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of the General Duty
Continue Reading Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence
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 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 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, 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, 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 Brent I. Clark and Craig B. Simonsen
OSHA announced on December 1, 2015, that it had issued a number of “strategies and tools” for preventing workplace violence in the healthcare setting.
The strategies and tools were contained in a new webpage, “Preventing Workplace Violence in Healthcare.” The Agency indicates that the new webpage is part of OSHA’s
Continue Reading OSHA Issues “Strategies and Tools” to “Help Prevent” Workplace Violence in the Healthcare Setting
By Brent I. Clark, James L. Curtis, Mark A. Lies, Meagan Newman, and Craig B. Simonsen
In its announcement last week, OSHA noted that the Bureau of Labor Statistics reported for 2013 that over 23,000 significant injuries were due to violent assault at work, with more than seventy percent (70%) of these assaults being in the healthcare
Continue Reading OSHA Updates Workplace Violence Guidance for Protecting Healthcare and Social Service Workers