By Jaclyn Gross and Chantelle C. Egan Seyfarth Synopsis: As counties begin loosening local restrictions and summer approaches, and in an effort to preempt a rise in COVID-19 cases, the California Department of Public Health issued a directive mandating that residents statewide wear face coverings. Before last week, California only recommended that residents wear face coverings as a precautionary measure with COVID-19, and the State left it in local governments’ hands to decide whether a…

By James L. Curtis, Ilana R. Morady, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: Occupational Safety and Health Administration (OSHA) has issued Guidance to assist employers reopening non-essential businesses ensure the safety of their employees and the public during the evolving coronavirus pandemic. The new Guidance on Returning to Work (Reopening Guidance) is the most comprehensive update from OSHA since it released its Guidance on Preparing …

By Edward V. Arnold Seyfarth Synopsis: On June 1, 2020, the Criminal Division of the US Department of Justice (DOJ) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. The document, entitled “Evaluation of Corporate Compliance Programs,” updates a prior version issued in April 2019, and seeks to better assist prosecutors in assessing the effectiveness of a corporation’s compliance program for the purpose of determining how and whether to…

By James L. Curtis and Craig B. Simonsen Seyfarth Synopsis: The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) had brought suit in the D.C. Circuit Court of Appeals against the U.S. Occupational Safety and Health Administration, through an Emergency Petition For A Writ Of Mandamus, and Request For Expedited Briefing And Disposition, No. 19-1158 (May 18, 2020). The Petition has today been denied. The AFL-CIO sought to compel the respondent,…

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has released a series of frequently asked questions and answers regarding the use of masks in the workplace to assist the regulated community. Right up front, the FAQs settles once and for all the question of whether OSHA considers cloth or makeshift face coverings to be regulated PPE: they are not. The FAQs…

By James L. Curtis, Adam R. Young, and Craig B. Simonsen Seyfarth Synopsis: OSHA issued its first COVID-19 citation to a Georgia nursing home. The citation alleges a failure to report within 24-hours a work-related incident resulting in hospital admissions. As discussed in our prior blog, OSHA has issued new enforcement procedures for COVID-19 cases going forward. OSHA has indicated that its “efforts to address COVID-19 have been its top priority since…

By Jeryl L. Olson, Andrew H. Perellis, Patrick D. Joyce, Rebecca A. Davis, Ilana R. Morady, and Craig B. Simonsen Seyfarth Synopsis: Last week, the U.S. Environmental Protection Agency (EPA or Agency) initiated the first phase of a two phased approach to address ethylene oxide (EtO) emissions, announcing final amendments to the Miscellaneous Organic Chemical Manufacturing National Emission Standards for Hazardous Air Pollutants (NESHAP), known as MON. Ethylene oxide, a flammable,…