Workplace Policies and Processes

By Brent I. Clark, James L. CurtisAdam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: As we previously blogged, the federal Occupational Safety and Health Administration issued a notice of proposed rulemaking to expand requirements for employers to submit OSHA forms via its Injury Tracking Application
Continue Reading OSHA Aims to Boost Injury Reporting Rule Compliance with its Injury Tracking Application Enforcement Program

By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012, according to a new analysis released by Quest Diagnostics
Continue Reading Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

By Benjamin D. BriggsA. Scott HeckerAdam R. Young, Mark A. Lies, and Craig B. Simonsen

Seyfarth Synopsis: The Occupational Safety and Health Administration is proposing to amend its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to electronically submit injury and illness information – that
Continue Reading The Empire Strikes Back: New Rule Will Require Many Employers To Submit More OSHA Forms Electronically

By Benjamin D. BriggsA. Scott Hecker, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: CDC’s new COVID-19 Quarantine and Isolation calculator “takes the stress out of deciding when, and for how long, individuals with COVID-19 and close contacts need to stay home, get tested, and wear a well-fitting mask.”

The new CDC calculator may
Continue Reading CDC Publishes New Quarantine and Isolation Calculator

By Benjamin D. BriggsAdam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the development of a permanent OSHA standard to protect healthcare and healthcare support
Continue Reading Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers

By Robert S. Whitman and Amanda Williams

Seyfarth Synopsis: The New York Commissioner of Health has declined to extend the designation of COVID-19 as a highly contagious communicable disease under the NY HERO Act. Employers are no longer required to activate their safety plans.

As previously reported (most recently here), the New York State Commissioner of Health, on September
Continue Reading NY HERO Act Update: COVID-19 Designation Expires

By Brent I. ClarkBenjamin D. BriggsPatrick D. JoyceAdam R. YoungA. Scott HeckerMelissa A. Ortega, and Matthew A. Sloan

Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review
Continue Reading Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference

By Chantelle C. EganBernard OlshanskyPatrick D. Joyce, and Ilana Morady

Seyfarth Synopsis: On February 28, 2022, California’s Governor Newsom issued a press release lifting California’s mask requirements for unvaccinated individuals in indoor settings, downgrading the former requirement to a strong recommendation, effective March 1, 2022.  The same day, the California Department of Public Health
Continue Reading California Loosens Indoor Masking Requirements for the Unvaccinated

By Daniel I.Small and Robert S.Whitman

Seyfarth Synopsis: This week, Governor Hochul announced that she will lift the mask-or-vaccinate mandate for nearly all public places of business on February 10, 2022.  The New York Department of Labor has now revised its model safety plan under the HERO Act to eliminate the mask requirement in most settings.  Other HERO Act
Continue Reading UPDATED: New York Lifts Mask-or-Vax Mandate and HERO Act Masking Requirement

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