By Samantha L. Brooks, Karla Grossenbacher, and A. Scott Hecker
Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other return-to-work issues, including reasonable accommodations and access to employees’ confidential medical information. Employers
By Adam R. Young, A. Scott Hecker, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: Omicron BA5 strain has become dominant and has evolved to render vaccinations and boosters less effective, resulting in many employers revisiting their COVID-19 policies.
According to the Centers for Disease Control and Prevention (CDC), “SARS-CoV-2, the
By Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s efforts
By A. Scott Hecker, Adam R. Young, Mark A. Lies, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On June 28, 2022, OSHA announced publication of an Advance Notice of Proposed Rulemaking (“ANPRM”) regarding potential revisions to the Agency’s lead standards, lowering permissible blood lead levels.
OSHA’s ANPRM concerning the
By Brent I. Clark, Adam R. Young, A. Scott Hecker, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: We recently blogged that Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States. Now the federal Mine Safety and Health Administration (MSHA) has
By Adam R. Young, Mark A. Lies, Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega
Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.
The Multi-Employer Worksite Doctrine allows the
By A. Scott Hecker, Benjamin D. Briggs, Adam R. Young, Patrick Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On May 25, 2022, Douglas Parker, Assistant Secretary for the U.S. Department of Labor’s Occupational Safety and Health Administration, testified before the U.S. House Committee on Education and Labor’s Workforce Protections Subcommittee regarding his
By Adam R. Young, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past.
In March 2022 at the ABA OSHA conference, OSHA enforcement
By Adam R. Young, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: A manufacturer was issued a “willful citation” for failure to correct a machine guarding deficiency identified in a previous audit.
After the amputation, OSHA conducted an injury investigation into the Pennsylvania company’s industrial facility. OSHA uncovered that the