By Mark A. Lies, II, Brent I. Clark, Adam R. Young, Patrick D. Joyce, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld
By James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: With the seemingly random workplace violence that continues unabated, many employers are again asking how best to protect their employees.
We had blogged previously about “Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?
By Brent I. Clark, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019).
A recent decision from the
By Joshua M. Henderson, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Introduction: We are posting our colleagues’ California Peculiarities Employment Law Blog post on workplace violence. While this particular topic is California centric, the principles discussed below are universal, and appropriate to publish widely. For instance, workplace violence
By Brent I. Clark, James L. Curtis, Ilana R. Morady, Patrick D. Joyce, Adam R. Young, and Daniel Birnbaum
Seyfarth Synopsis: Here is today’s update from the presentations and room discussions at the ABA Occupational Safety and Health Law Committee’s 2018 Midwinter Meeting.
We continue to attend the
By Christopher W. Kelleher, Rashal G. Baz, James L. Curtis, and Brent I. Clark,
Seyfarth Synopsis: On October 11, 2017, the Chicago City Council passed an ordinance that will require Chicago hotels to provide certain staff with “panic buttons” and develop enhanced anti-sexual harassment policies.
In an effort to protect
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: A recent active shooter incident at an international airport illustrates both how quickly an incident may be over, yet how ancillary impacts take much longer to resolve. While the shooter was apprehended in less than two minutes, the international airport was shut down for most
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause violation, as well as NIOSH’s guidance for determining the potential
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: OSHA Publishes RFI on Proposed Rule Concerning Workplace Violence in Healthcare and Social Assistance Industries.
Federal OSHA currently enforces workplace violence under the General Duty Clause, under which OSHA requires employers to take affirmative steps to protect their
By Brent I. Clark, Joshua M. Henderson, and Craig B. Simonsen
Seyfarth Synopsis: The California Division of Occupational Safety & Health Standards Board approved last week its regulations on Workplace Violence Prevention in Health Care.
The California Division of Occupational Safety & Health (Cal/OSHA) Standards Board approved last week its regulations on