OSHA enforces almost 1,000 standards and tens of thousands of individual regulations related to General Industry, Construction, Maritime, and other industries. Once again, OSHA released its preliminary data for the top ten most frequently cited standards for FY 2024 at the National Safety Council Safety Congress & Expo. Final FY 2024 data will be released in early-April 2025 to
Continue Reading Another Year in The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2024
By A. Scott Hecker, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know can cause serious occupational illnesses,” says MSHA Assistant Secretary Chris Williamson.
The federal
Continue Reading Mining Accidents Lead to ‘Troubling’ 31% Increase in Worker Deaths
By Daniel R. Birnbaum, Adam R. Young, and Craig B. Simonsen
Image from OSHA.
Seyfarth Synopsis: OSHA has recently highlighted tractor operator safety by increasing use of rollbars or cage frames.
Employers use tractors to clear winter snows. As snow season approaches, OSHA warns that many older tractors are in use that are not equipped with rollover
Continue Reading As Snow Season Approaches, OSHA Focuses On Rollover Protection For Tractor Operators
By Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, A. Scott Hecker, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: To increase enforcement concerning workplace violence incidents, OSHA published a Standard Interpretation Letter concluding injuries resulting from workplace violence are recordable, even if the incident occurs outside of the workplace.
OSHA regularly issues
Continue Reading OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace
By Julia Tape and Linda C. Schoonmaker,
Seyfarth Synopsis: Workplace violence costs employers billions of dollars per year. More importantly, these incidents can cause immense physical and psychological harms to employees. The consequences of these harms impact productivity and morale, and can lead to individuals leaving the workforce. Compared to other job sectors, professionals working in the healthcare industry
Continue Reading Texas Takes the Lead in Addressing Workplace Violence in Healthcare Facilities
By Adam R. Young, Daniel R. Birnbaum, Matthew A. Sloan, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has announced new rules requiring a broad range of employers to electronically submit additional injury and illness information in 2024.
Despite many delays and lawsuits from affected stakeholders, OSHA announced today that it will
Continue Reading OSHA Expands Electronic Injury/Illness Data Reporting and Recordkeeping Requirements
By David S. Wilson and Joshua A. Rodine
Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy considerations cautioned against imposing a tort duty to the members of an employee’s household. Kuciemba v. Victory Woodworks, Inc.
The Facts
Continue Reading California Supremes Set Bounds on Employer Duty to Non-Workers
By Hoorya R. Ahmad and Patrick D. Joyce
Seyfarth Synopsis: Effective July 17, 2023, employers with outdoor workers in the state of Washington will be required to follow revised heat illness prevention rules. The revised rules modify Washington’s long-standing 2008 rule and expand employees subject to the rule’s protection. Employers should review the required Washington State Accident Prevention Programs to
Continue Reading Employers Feeling the Heat: Washington Adopts Permanent Changes to Outdoor Heat Exposure Rules Effective July 17, 2023
By Adam R. Young and Mark A. Lies II
With the Biden Administration’s aggressive new generation of OSHA compliance officers and enforcement objectives, employers would be wise to develop a written program that incorporates all best practices for inspection management. Attached is a link to an article outlining best practices for employers when faced with handling an OSHA inspection.
Follow
Continue Reading Be Ready to Defend the Castle: Seyfarth Legal Update Guides Employers on How to Implement an Effective OSHA Inspection Management Policy
By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen
Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana.
Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial
Continue Reading High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record