Workplace Policies and Processes

By Adam R. YoungA. Scott HeckerPatrick D. JoyceJames L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: OSHA requires employers to upload certain information to its Injury Tracking Application (ITA) each year by March 2. This year, OSHA is transitioning employer login information from individual accounts to “login.gov” and all employers must connect their

Continue Reading Employers Must Update Injury Tracking Application (ITA) Account and Submit OSHA Form 300A Summaries Through Login.gov

By Adam R. YoungA. Scott HeckerPatrick D. JoyceBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Powered Industrial Trucks (forklifts) are the focus of a new OSHA Regional Emphasis Program (REP). The program covers Colorado, Montana, North Dakota, and South Dakota—the federal-OSHA states in Region 8.

As we noted in a previous blog

Continue Reading OSHA Continues to Target Employers who Utilize Powered Industrial Vehicles with New Regional Emphasis Program

By James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: With a larger base of compliance officers, OSHA has significantly increased its ability to conduct on-site inspections and reorient its enforcement strategies.

OSHA’s budget was essentially flat during the Trump Administration.  As health care costs increased and compliance safety and health officers retired, OSHA struggled

Continue Reading OSHA Significantly Increases the Number of Investigators

By Ilana MoradyPatrick D. JoyceCoby TurnerLiz Watson and Juan Rehl-Garcia 

Seyfarth Synopsis: Two big changes are on the horizon for California employers:
(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect January 1, 2023-2025.

The fall season signals change between the

Continue Reading Changes Coming to CA COVID-19 Requirements

By James L. CurtisAdam R. YoungPatrick D. Joyce, 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 Kapust, deputy director of

Continue Reading Another Year In The Books – OSHA’s Top Ten Safety Violations for Fiscal Year 2022

By Hoorya Ahmad and Patrick Joyce

Seyfarth Synopsis: Washington State’s COVID-19 emergency declaration expires October 31, 2022 but the Health Emergency Labor Standards Act (HELSA) administered by the Washington State Department of Labor & Industries (L&I), and codified at WAC 296-62-602 to -609, will remain in place for the time being.

HELSA is triggered by

Continue Reading Washington’s COVID-19 Emergency Declaration Expires October 31, 2022 — Employers Must Continue to Follow HELSA Notice & Reporting Requirements

By Adam R. Young, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: With Hurricane Ian drenching the Gulf Coast, Florida, and the Atlantic coastal states, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and re-building.  

This blog contains an updated primer on (1) preparing for an emergency;
Continue Reading The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season

By Jennifer L. Mora and Frederick T. Smith

Seyfarth Synopsis As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey Constitution to legalize recreational cannabis.

The law allows employers to conduct numerous forms of drug testing for
Continue Reading New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

By James L. CurtisA. Scott HeckerAdam R. Young, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: On September 15, 2022, U.S. Department of Labor’ Occupational Safety and Health Administration announced expanded criteria for placement in its Severe Violator Enforcement Program (“SVEP”). The new criteria widens the scope of applicable violations to
Continue Reading DOL Adopts an Expanded OSHA Severe Violator Enforcement Program

By A. Scott HeckerAdam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is highlighting trenching hazards, and their potentially-dire consequences, on its homepage

OSHA had released CPL 02-00-161 on October 1, 2018, continuing its National Emphasis Program on Trenching and Excavation, (“NEP”), and requiring agency compliance safety and health
Continue Reading OSHA Focusing on Trenching Hazards