By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, and Craig B. Simonsen
Seyfarth Synopsis: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer.
OSHA’s new Severe Injury Report dashboard allows the public to search and download data by
Continue Reading OSHA Releases Severe Injury Report Tracker, Publicizing Serious Injury Data for Each Employer
By Adam R. Young[1] and Mark A. Lies II[2]
A terrible accident has occurred at your worksite. An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries.
Workplace accidents create complex interaction of legal liabilities relating to worker’s compensation (if your employee was injured), OSHA (applicable to any worker onsite)
Continue Reading Responding to an Accident: OSHA and Legal Liabilities
By Ryan M. Gilchrist and Meghan A. Douris
Seyfarth Synopsis: On June 28th, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, 603 U.S. __ (2024), overturning Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984), which, for the past 40 years, had afforded federal administrative agencies deference
Continue Reading The End of Chevron Creates Uncertainty for the AbilityOne Program
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last week in federal court in the Western District of Texas
Continue Reading U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule
By Adam R. Young and Aaron M. Gillett
1. A Nightmare Acquisition
Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic forklift accident in a warehouse operated by a subsidiary of the newly acquired target company. An employee
Continue Reading Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions
By Adam R. Young and Mark A. Lies, II
INTRODUCTION
The Federal Occupational Safety and Health Administration (OSHA) requires employers to report certain serious injuries by telephone within twenty-four (24) hours. Injuries that must be reported include injuries that result in inpatient hospitalization for medical treatment, amputations, and losses of an eye. Work-related fatalities, including those caused by heart attacks
Continue Reading OSHA Post-Accident Rapid Response Investigation (RRI): Update Your Strategy
By Ilana Morady, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: This week the California Department of Public Health (CDPH) issued an order revising COVID-19 definitions and procedures. Because the Cal/OSHA COVID-19 standard incorporates by reference certain CDPH definitions, the CDPH order impacts what the regulated community needs to be doing to
Continue Reading New Updates to Cal/OSHA COVID-19 Requirements
By James L. Curtis, Adam R. Young, Melissa A. Ortega, and Craig B. Simonsen
Seyfarth Synopsis: The Bureau of Labor statistics addresses the rise in worker deaths in 2022, and expected data for 2023.
This week’s announcement by the Bureau of Labor Statistics shows a 5.7 percent increase in fatal occupational injuries nationally. African-American
Continue Reading OSHA Reports 5,486 Occupational Fatalities in 2022, with Disproportionate Fatality Increases for African-American and Hispanic Workers
By Adam R. Young, James L. Curtis, Melissa A. Ortega, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA Region V last week provided a Webinar on the Occupational Safety and Health Administration’s (“OSHA”) national emphasis program (“NEP”) to prevent workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments.
Continue Reading OSHA Webinar and Materials on National Emphasis Program Aimed at Reducing and Preventing Workplace Hazards in Warehouses and Distribution Centers
By Adam R. Young, Melissa A. Ortega, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has put out a reminder to employers on winter weather Personal Protective Equipment (PPE) requirements on how to design an effective PPE program. Employers must provide PPE, to protect workers’ safety, and health.
As winter returns and brings with it cold temperatures, ice
Continue Reading ‘Tis the Season: OSHA Reminds Employers to Keep Employees Safe in the Cold