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Articles by Benjamin Briggs
Nominee for OSHA Chief David Keeling Testifies Before Senate Committee, Outlines Workplace Safety Priorities and Workplace Violence Plans | JD Supra
Seyfarth Synopsis: On Thursday, June 5, 2025, OSHA Nominee David Keeling testified that he plans to adopt a more cooperative, proactive approach and pursue a new workplace violence regulation. As we previously blogged, on February 11, 2025, President Trump nominated David Keeling as Assistant Secretary of Labor for OSHA, pending Senate confirmation. In the first Trump Administration, the OSHA nominee was never put to a Senate confirmation vote and the position was left vacant.
Cal/OSHA Drafts Rules for Workplace Violence Prevention in General Industry (UPDATED) | JD Supra
Seyfarth Synopsis: Following California’s Workplace Violence Prevention Plan regulation becoming effective, the California Division of Occupational Safety and Health (“Cal/OSHA”) recently published its draft Workplace Violence Prevention regulation. It is seeking public comments by September 3, 2024, with an advisory committee hearing scheduled for later this year.
Big Money: OSHA And EPA Civil Penalties Increase Again For 2024
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2023 inflation adjustments, which increase the penalties.
Big Money: OSHA and EPA Civil Penalties Increase Again for 2024 | JD Supra
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2023 inflation adjustments, which increase the penalties.
Big Money: OSHA and EPA Civil Penalties Increase Again for 2024
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2023 inflation adjustments, which increase the penalties.
OSHA Issues Heat Hazard Alert Reminding Employers to Protect Workers Against Heat Illness and Injury – States are Following Suit | JD Supra
Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has issued a heat hazard alert to “remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces.” States such as Michigan, Washington, and California are tackling the issue directly by implementing heat illness prevention regulations at the state level.
OSHA Announces National Emphasis Program Aimed at Reducing and Preventing Workplace Hazards in Warehouses and Distribution Centers | JD Supra
Seyfarth Synopsis: OSHA this week announced a national emphasis program (“NEP”) to prevent workplace hazards in warehouses, processing facilities distribution centers, and high-risk retail establishments. According to OSHA, [i]n the past 10 years, warehousing and distribution centers have experienced tremendous growth with more than 1.9 million people employed in the industry.
NYC to Consider Indoor Air Quality Regulations | JD Supra
Seyfarth Synopsis: The COVID-19 pandemic and wildfire smoke shrouding the skies over the East Coast this summer have drawn more attention to indoor air quality, leading the New York City Council to propose indoor air quality resolutions. Indoor air quality has long been a source of employee health complaints.
Cal/OSHA Definition Changes Make Outbreaks Less Likely | JD Supra
Seyfarth Synopsis: On June 20, 2023, the California Department of Public Health (CDPH) updated its guidance to local health departments on the definition of a COVID-19 outbreak. The new definition changes the timeframe for counting COVID-19 cases that make up an outbreak from 14 to 7 days. The CDPH change necessitates that the definition of an outbreak for purposes of Cal/OSHA’s non-emergency COVID-19 standard also changes.
Amendments to Illinois Day and Temporary Labor Services Act Impact Both Staffing Agencies and Their Clients Who Engage Contingent Workers for Work That is Not Professional or Clerical | Seyfarth Shaw LLP - JDSupra
On May 19, 2023, both Houses of the Illinois General Assembly passed HB2862, which amends the Day and Temporary Labor Services Act, 820 ILCS 175/. On June 16, 2023, the bill was sent to the Governor, with an effective date that is the later of July 1, 2023, or the date it is signed by the Governor. If the Governor has not signed or vetoed the bill by August 15, 2023, it will become law automatically.
Small Business Panel has Big Recommendations for Potential OSHA Workplace Violence Prevention Standard | JD Supra
Seyfarth Synopsis: A Small Business Advocacy Review Panel for a potential OSHA standard to address Prevention of Workplace Violence in the Healthcare and Social Assistance sectors concluded on May 1, 2023. The Final Report is available here, with specific Findings and Recommendations here.
See Through the Haze: NIOSH Guidance on Outdoor Workers Exposed to Wildfire Smoke | JD Supra
Seyfarth Synopsis: As Canadian wildfire smoke spreads across the Northern United States, employers should review the CDC/NIOSH guidance on occupational exposure to wildfire smoke and implement effective measures to protect employees Canadian forests continue to burn, with about 3.8 million hectares (9.4 million acres) burned at the time of this writing, roughly 15 times the annual average. At least 100 million Americans have been affected by air quality alerts from the wildfire smoke.
[Webinar] Wage and Hour: Potential Pitfalls - April 19th, 12:00 pm - 1:00 pm CDT | JD Supra
April 19th, 2023 12:00 PM - 1:00 PM CDT Adams and Reese will host a webinar, “Wage and Hour: Potential Pitfalls,” taking place on Wednesday, April 19, from Noon to 1 p.m. central time, via ON24 Webcast. Please join us for a one-hour CLE on common wage and hour issues that can arise for employers. CLE credits have been applied for in CO, FL, GA, LA, MS, NC, SC, TN, and TX for 1.00 General credit. SHRM credit also applied for. Featured Topics: Misclassification: Employee vs.
Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices | JD Supra
Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose of its planned interim final rule is “to provide helpful clarity to the agency and the regulated public on” what OSHA suggests are “recurrent issues which lead to time-consuming disputes between the agency and employers.” OSHA’s realignment of the role of subpoenas in...
OSHA Issues New Instance-by-Instance Penalties Policy | JD Supra
Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each instance of alleged non-compliance.
A Hobson’s Choice: OSHA Issues New Instance-by-Instance Penalties Policy | JD Supra
Seyfarth Synopsis: In an effort to significantly increase the number of citations and penalties it may issue during an inspection, OSHA has updated its enforcement procedures for inspections to permit citations for each instance of alleged non-compliance.
More Big Money: OSHA and EPA Civil Penalties Increase for 2023 | JD Supra
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2023 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2023 inflation adjustments, which increase the penalties yet again.
NIOSH Best Practices to Help Host Employers Protect Temporary Workers | JD Supra
Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) has released a new set of best practices to assist host employers in better protecting the safety and health of temporary workers. Since 2013, Federal OSHA has maintained a Temporary Worker Initiative, devoting inspection resources towards temporary workers and staffing agencies.
OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance | JD Supra
Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a staffing agency, whether or not the job is actually temporary.
CDC Eases COVID-19 Guidelines | JD Supra
Seyfarth Synopsis: On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer severely disrupts our daily lives,” while acknowledging that the pandemic is not over. Citing the fact that many Americans now have some level of immunity to COVID-19 and the arsenal of tools to combat COVID-19, including vaccinations, the Center for Disease Control (“CDC”) eased its COVID-19 guidance.
UPDATED: The U.S. Joins WHO, Declaring Monkeypox a Public Health Emergency | JD Supra
Seyfarth Synopsis: The WHO and the CDC have updated statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.” Taken from https://www.cdc.gov/poxvirus/monkeypox/response/2022/world-map.html On August 4, 2022, the Biden Administration, through the U.S. Department of Health and Human Services, joined the WHO in declaring a public health emergency.
Adding to the U.S.’s COVID-19 Vaccine Arsenal, FDA Issues EUA for Novavax – Will it Impact Religious Accommodations? | JD Supra
Seyfarth Synopsis: On July 13, 2022, the U.S. Food and Drug Administration (“FDA”) issued an emergency use authorization (“EUA”) for the Novavax COVID-19 Vaccine, Adjuvanted. Beyond adding another vaccination option in the fight against COVID and its evolving variants, reports suggest those with religious-based objections to previously-approved COVID-19 vaccines may be more accepting of the Novavax vaccine.
Sweltering Heat and Suffocating Smoke in PNW: Oregon OSHA and Washington L&I Issue Heat Exposure and Wildfire Smoke Rules | JD Supra
Seyfarth Synopsis: With 2021’s record-breaking temperatures and diminished air quality from wildfires in the Pacific Northwest, Oregon OSHA and Washington State Department of Labor & Industries (“L&I”) have released permanent and emergency rules on heat exposure and wildfire smoke in an attempt to increase protection for workers. Both Oregon and Washington implemented emergency rules in 2021 to address record-breaking heat and smoke conditions.
The Slow and the Furious: OSHA’s Rulemakings Continue at Various Stages with Infectious Diseases a Priority | JD Supra
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 vision for the Agency and the status of its operations.
The Empire Strikes Back: New Rule Will Require Many Employers To Submit More OSHA Forms Electronically | JD Supra
Seyfarth Synopsis: The Occupational Safety and Health Administration is proposing to amend its occupational injury and illness recordkeeping regulation, 29 CFR 1904.41. The current regulation requires certain employers to electronically submit injury and illness information – that they are required to maintain – to OSHA. The agency uses these reports to identify and respond to emerging hazards and makes aspects of the information publicly available.
CDC Publishes New Quarantine and Isolation Calculator | JD Supra
Seyfarth Synopsis: CDC’s new COVID-19 Quarantine and Isolation calculator “takes the stress out of deciding when, and for how long, individuals with COVID-19 and close contacts need to stay home, get tested, and wear a well-fitting mask.” The new CDC calculator may help people with COVID-19 and their close contacts decide what precautions they should take to limit COVID-19 transmission in their communities, including whether to quarantine or isolate.
Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers | JD Supra
Seyfarth Synopsis:The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the development of a permanent OSHA standard to protect healthcare and healthcare support service workers from workplace exposure to COVID-19. OSHA’s two COVID-19 Emergency Temporary Standards (ETSs) are moribund.
Report From the Final Day of the 2022 ABA OSHA/MSHA Midwinter Meeting | JD Supra
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as well as management, labor, and safety professionals. The final day of the ABA OSHA/MSHA Midwinter Meeting was focused on storytelling in many different contexts.
Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference | JD Supra
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSH Review Commission, the MSH Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as well as management, labor, and safety professionals. Day 2 began with a panel discussion of significant, recent, safety-related cases.
Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference | JD Supra
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as well as management, labor, and safety professionals. Douglas L.
OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS | JD Supra
Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022. On Tuesday, January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced the withdrawal of its COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). The Federal Register posted an advanced copy of the notice for public inspection ahead of its official publication on January 26, 2022.
Big Money: OSHA and EPA Civil Penalties Increase for 2022 | JD Supra
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties. We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA violations. The agencies have now finalized the 2022 inflation adjustments, which increase the penalties yet again.
OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction | JD Supra
Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the Sixth Circuit. The Court asserted that OSHA has failed to show evidence of “grave danger” in many industries, and absolves employers of the requirement to ensure that unvaccinated employees engage in weekly testing. Separately, the Court voted to uphold the CMS mandate.
Supreme Court Special Session - The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS | JD Supra
Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100 or more employees to mandate that their employees either receive a COVID-19 vaccination or undergo at least weekly COVID-19 testing and wear facemasks.
Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS | JD Supra
Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100 or more employees to mandate that their employees either receive a COVID-19 vaccination or undergo at least weekly COVID-19 testing and wear facemasks.
U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation | JD Supra
Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), a result that anti-ETS parties may welcome. The Sixth Circuit has been randomly assigned by a November 16, 2021 MDL lottery to hear the consolidated legal challenges to OSHA’s ETS.
OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline | JD Supra
The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS is scheduled for publication in the Federal Register on November 5, at which point it will be effective, with new obligations for employers beginning December 5, 2021, and an ultimate “vaccination or testing” deadline of January 4, 2022.
OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review | JD Supra
Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard requiring private employers with more than 100 employees to implement vaccine mandates or testing.
FDA Grants Full Approval to the Pfizer Vaccine | JD Supra
Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19 Vaccine, to prevent COVID-19 disease in individuals 16 and older. This could be big news for those on the fence about getting vaccinated, and for employers contemplating their COVID-19 vaccine programs. The Pfizer vaccine has been administered under Emergency Use Authorization for more than nine months, but now has been fully approved by the FDA.
OSHA Issues Updated Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace | JD Supra
Seyfarth Synopsis: Today OSHA updated its Protecting Workers Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to adopt recommendations “analogous” the July 27, 2021 Centers for Disease Control and Prevention (CDC) mask and testing recommendations for fully vaccinated people.
President Biden to Require Federal Workers, Contractors to Provide Vaccine Attestation or Mask, Distance, and Test Multiple Times Per Week | JD Supra
Seyfarth Synopsis: President Biden recently laid out his administration’s next steps in efforts to get more Americans vaccinated. On July 29, 2021, the White House released “Remarks by President Biden Laying Out the Next Steps in Our Effort to Get More Americans Vaccinated and Combat the Spread of the Delta Variant.” In his remarks, the President has stated that every federal government employee will be asked to attest to their vaccination status.
OSHA’s Emergency Temporary Standard Published on June 21, 2021 | JD Supra
Seyfarth Synopsis: On June 21, 2021, the federal register published OSHA’s COVID-19 emergency temporary standard (“ETS”), focused on the health care industry. As we blogged about here, OSHA posted its COVID-19 ETS to its website on June 10, 2021, but the ETS did not go into effect until its June 21 publication in the Federal Register. 29 CFR 1910.502(s) includes compliance dates for specific provisions of the ETS.
Take 3! Cal/OSHA ETS Revisions Still Pending | JD Supra
Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021, after which it voted unanimously to pull back the revision. The Board will now send the ETS back for another do-over, to align a new revision with the CDPH and CDC guidance, particularly as it relates to vaccinated individuals.
OSHA’s Emergency Temporary Standard Narrowly Focused on the Health Care Sector, Guidance Updated for Other Sectors | JD Supra
Seyfarth Synopsis: On June 9, 2021, at the tail end of prepared remarks before the House Education and Labor Committee, Secretary of Labor Marty Walsh announced – not with a bang, but with a whimper – that OSHA would publish its long-anticipated COVID-19 emergency temporary standard (“ETS”) on June 10, and that the ETS would focus only on the health care industry.
Cal/OSHA Considering Changes to COVID-19 Emergency Temporary Standard | JD Supra
Seyfarth Synopsis: On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the changes it will consider. These potential changes are broad-ranging and affect employers’ requirements related to masking, social distancing, testing, exclusion, and more, especially with respect to vaccinated and unvaccinated employees.
California Legislature Considers Beefing-Up Cal/OSHA’s Enforcement Powers | JD Supra
Seyfarth Synopsis: A new Senate Bill that would radically increase Cal/OSHA’s enforcement powers is working its way through the California legislature. SB 606, authored by Senator Lena Gonzalez and Assemblywoman Lorena Gonzalez – both of whom have significant organized labor backgrounds – has been approved by the Senate Judiciary Committee and referred to the Appropriations Committee, its last stop before being considered by the full chamber. If passed there, it will move to the Assembly.
President-Elect Biden Selects Boston Mayor Marty Walsh as Labor Secretary | JD Supra
Seyfarth Synopsis: If confirmed as Labor Secretary, past union leader, Mayor Marty Walsh, would succeed former corporate employment attorney, Eugene Scalia. Secretary Scalia has been criticized by organized labor and other groups for issuing joint employer and worker classification policies perceived as business-friendly and for declining to adopt an emergency COVID-19 rule requiring employers to take action to protect their workers from the virus.
Employers File Lawsuit Challenging Cal/OSHA’s Alleged Illegal Overreach in ETS Rulemaking | JD Supra
Seyfarth Synopsis: The National Retail Federation (NRF) and others brought an action against the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health (Cal/OSHA), and the Occupational Safety & Health Standards Board (Board) claiming that the Agency did not legally establish its recent emergency COVID-19 workplace regulations, while adding undue financial burdens to employers.
Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause | JD Supra
Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have just cause for termination. A recent complaint in federal court highlights the challenges of terminating union-represented employees for testing positive for a controlled substance.
Cal/OSHA Approves Emergency Temporary COVID-19 Standard | JD Supra
Seyfarth Synopsis: The California Department of Industrial Relations’ Office of Administrative Law has approved a California OSHA emergency temporary standard regarding COVID-19, effective November 30, 2020. It brings with it new documentation, COVID-19 testing, earnings continuation, and reporting obligations affecting most companies. As we have previously blogged, Cal/OSHA’s Emergency Temporary Standard (ETS) was adopted at the Standards Board’s November 19, 2020 meeting.
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