Workplace Policies and Processes

By  A. Scott HeckerAdam 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. Curtisand 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

By Adam R. YoungPatrick D. JoyceJames L. CurtisDaniel R. Birnbaum, Melissa A. Ortega and Craig B. Simonsen

Seyfarth Synopsis: The Biden Administration is seeking a 17% funding increase for OSHA under the Department of Labor’s fiscal year 2024 budget request.

The FY 2024 budget request for OSHA is approximately $738.7 million, an

Continue Reading Biden Administration Requests Big Budget Increase For OSHA