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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

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

Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been fever-free for 24 hours and their symptoms are mild or improving…

Continue Reading CDC Trims COVID-19 Isolation Guidance: COVID-Positive Individuals Need Only Isolate for 24 Hours After Being Fever-Free

By Adam R. Young, Mark A. Lies, II, A. Scott Hecker, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality cases. Criminal matters often involve highly resource intensive work that involves…

Continue Reading Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

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