Workplace Policies and Processes

By A. Scott Hecker, Brent I. ClarkJames L. Curtis, Benjamin D. Briggs, Mark A. LiesAdam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022.

On Tuesday, January 25,
Continue Reading OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

By Ronald S. Gart and Christopher A. Sickles

Seyfarth Synopsis: Pursuant to the Mayor’s Order 2021-148 (the “Order”), beginning on January 15, 2022, the District of Columbia has required certain businesses to verify that all patrons aged 12 and over have received at least one dose of the COVID-19 vaccine. Beginning on February 15, 2022, all patrons must show
Continue Reading The District of Columbia’s Vaccine Mandate: What Businesses Need to Consider

By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, Brent I. Clark, James L. Curtis, Benjamin D. BriggsMark A. Lies, Bradley D. Doucette, and Ilana R. Morady

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending
Continue Reading OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

By Benjamin J.Conley and Adam R. Young

Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden Administration could require employer health plans to reimburse the cost of at-home COVID testing in certain circumstances, creating confusion for employers on
Continue Reading Latest Biden Administration Order Requires Some Employers to Pay for Cost of COVID Testing

By Adam R. YoungPatrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: According to the Bureau of Labor Statistics, the number of fatal work injuries in 2020 was the lowest since 2013.

There were 4,764 fatal work injuries recorded in the United States in 2020, a 10.7% decrease from 5,333
Continue Reading New BLS Data Show Major Hazards Causing Occupational Fatalities in 2020

By Jeryl L. OlsonRebecca A. DavisIlana R. Morady, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The ASTM Standard
Continue Reading Updated ASTM Standard for Phase I Environmental Site Assessments Just Released

By James L. CurtisAdam R. YoungPatrick D. JoyceDaniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: The National Safety Council (NSC) released an update to its annual list of OSHA’s top-ten cited standards. The list provides a starting point for employers to review their own safety programs on an annual basis. 

Patrick
Continue Reading Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2021

By James L. CurtisAdam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Department of Labor Tweeted and blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks.

Unsurprisingly, OSHA has targeted workplace
Continue Reading Ho, Ho, Health and Safety! Keeping Workers Safe and Merry this Holiday Season

By Adam R. YoungRobert T. Szyba, Robert S. Whitman, and  Craig B. Simonsen

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).

New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work

By Scott HeckerElisabeth Watson, and Karla Grossenbacher

Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion.

Pending legal challenges have called into question the viability of ETS, published in the Federal Register on November 5,
Continue Reading What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers