Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee’s Midwinter Meeting in San Juan with sessions that took a deep dive into the future of AI in safety, trial advocacy in OSHA litigation, necessary modernization of longstanding OSHA standards, and the ethical landscape
We are back in San Juan, Puerto Rico for Day 2 of the American Bar Association’s Workplace and Occupational Safety and Health (WOSH) Committee Midwinter Meeting. Today’s sessions featured a diverse mix of experts—behavioral psychologists, management and employee-side attorneys, consultants, and industry representatives—discussing workplace violence, settlement strategies, drug and alcohol challenges, newly-proposed regulations, and broader
We are in San Juan, Puerto Rico for the American Bar Association’s Workplace Occupational Safety and Health committee’s midwinter meeting. Today’s sessions featured panels of employer and defense attorneys, representatives from various non-profit organizations dedicated to workers safety, and state regulatory agencies discussing the impact of recent deregulation, discrepancy in inspections and enforcement, and the
The March 1st deadline for OSHA online reporting is approaching. Many employers are required to submit workplace injury and illness information electronically. Now is a great time to confirm whether your business needs to report.
Which Employers Are Required to Report?
You are required to complete OSHA online reporting if any of the following apply:
Seyfarth Synopsis: Employers often fail to appreciate the ramifications of industrial hygiene data and medical records. Even non-detect records must be maintained for 30+ years and provided to employees or representatives upon request.
OSHA’s Access to Employee Exposure and Medical Records standard, 29 CFR § 1910.1020, is one of the most frequently misunderstood — and quietly
By: Adam R. Young, Jennifer L. Mora, and Frederick T. Smith
Seyfarth Synopsis: President Trump’s December 2025 Executive Order signals a possible shift in federal marijuana policy, but many employers still have a lawful and legitimate basis to prohibit impairment at work. Employers that test for marijuana should continue to monitor legal developments
Under OSHA’s General Duty Clause, employers must provide a workplace free from recognized hazards likely to cause serious injury or death. OSHA regulations require PPE and respiratory protection where necessitated by the hazards at the workplace. Infectious diseases represent a recognized hazard at many workplaces across the United States (particularly in healthcare) and employers must
Seyfarth Synopsis: New York requires hospitals and nursing home employers to implement written workplace violence prevention plans, including hazard assessments, training, and incident logging within the year.
Health care employers have long faced liabilities relating to workplace violence, most commonly from patients and visitors. Although no federal OSHA standards currently provide requirements for workplace violence
Seyfarth Synopsis: In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees working on top of rail cars, finding these hazards outside of OSHA’s statutory jurisdiction.
The Federal Railroad Administration (“FRA”) and federal Occupational Safety and Health Administration (“OSHA”)
Employers with sophisticated safety programs implement overarching Safety and Health Management Systems (“SHMS”, also called Injury and Illness Prevention Plans and Accident Prevention Plans) to ensure that they properly assess hazards, select appropriate safety controls, evaluate safety performance, and engage employees. Federal OSHA recommends an SHMS and routinely demands the development of an SHMS to