By: Shardé Skahan, Dawn Solowey, Mackenzie Mullin and Melissa Ortega
Seyfarth Synopsis: With the US on the brink of losing its elimination-of-measles status, forward-thinking employers should take the time to review their policies regarding vaccines and workplace health. Shardé Skahan, Dawn Solowey, Mackenzie Mullin & Melissa Ortega explore what companies need to know as the nation once again
Continue Reading Measles Is on the Rise. Have You Reviewed Your Vaccine Policies Since Covid?
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 Patrick D. Joyce and Ilana Morady
Seyfarth Synopsis: A new rulemaking is underway at the California Department of Industrial Relations that will allow Cal/OSHA to cite employers for “enterprise-wide and egregious” violations, implementing a 2021 law signed by Governor Newsom. Cal/OSHA will convene an advisory committee on August 19, 2024 to solicit input.
Background
California employers may remember back
Continue Reading California Employers — Brace Yourselves; Rules and Penalties are Coming for “Enterprise-wide and Egregious” Violations
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 Jacob Roes, Patrick Joyce, Ilana Morady, and Adam Young
Seyfarth Synopsis: The Cal/OSHA Standards Board unanimously voted to approve Cal/OSHA’s indoor heat rule at the June 20, 2024 Standards Board meeting. Employers should be prepared to comply within the next 30-60 days.
Originally expected to be approved at the Standards Board’s March 21
Continue Reading The Heat is On: Cal/OSHA Indoor Heat Illness Standard Gains Unanimous Approval
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 Ilana Morady, Patrick Joyce, and Adam Young
Seyfarth Synopsis: The Cal/OSHA Standards Board was ready to vote on Cal/OSHA’s indoor heat rule at the March 21, 2024 Standards Board meeting, but at the 11th hour, the Board was ordered to cancel its scheduled vote.
Quick Summary
In a surprising development, the Cal/OSHA indoor heat rule, which was
Continue Reading Indoor Heat Illness Standard: More Delay of the Long-Delayed 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