James Curtis on Employer Liability Issues

5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more

8/21/2017 / Construction Industry , Employer Liability Issues , Employment Litigation , Health & Safety Standard , Occupational Exposure , OSHA , Workplace Hazards , Workplace Injury , Workplace Safety

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

6/20/2017 / Administrative Law Judge (ALJ) , Construction Industry , Employer Liability Issues , OSHA , OSHRC , Workplace Hazards

OSHA Schedules First “Safe + Sound Week”

Seyfarth Synopsis: OSHA is sponsoring a “Safe + Sound Week,” another example of a more cooperative approach to worker safety and health issues....more

6/9/2017 / Employer Liability Issues , OSHA , Risk Management , Workplace Hazards , Workplace Injury , Workplace Safety

Breaking News: OSHA Proposes to Delay Electronic Submission of Injury and Illness Records

Seyfarth Synopsis: OSHA has announced that it will be proposing a delay to the July 1, 2017 deadline for certain employers to electronically file injury and illness data....more

5/18/2017 / Corporate Counsel , Data Collection , Delays , Electronic Filing , Employer Liability Issues , OSHA , Reporting Requirements , Workplace Injury , Workplace Safety

OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation

Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers....more

5/3/2017 / Employer Liability Issues , NLRB , OSHA , Safety Inspections , Union Representatives , Unions , Workplace Safety

Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission

Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission....more

4/26/2017 / Administrative Appointments , Employer Liability Issues , Nominations , OSHA , OSHRC , Trump Administration , Workplace Safety

OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And...

Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period. The Occupational Safety and Health...more

12/19/2016 / Employer Liability Issues , Final Rules , OSHA , Record Retention , Recordkeeping Requirements , Statute of Limitations , Workplace Illness and Injury Reporting

Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces

Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply! Despite a Congressional “request”...more

11/23/2016 / Congressional Review Act , Construction Industry , Deadlines , Employee Training , Employer Liability Issues , OSHA , Trump Administration , Workplace Hazards , Workplace Injury , Workplace Safety

National Organization for Onboarding and Training of New Employees Industry Wide in the Oil and Gas Industry Provides Example for...

Seyfarth Synopsis: The National STEPS Network provides a working model of an industry wide employee onboarding and safety training program. We attended the World Safety Organization International Environmental and...more

9/20/2016 / Employee Training , Employer Liability Issues , Energy Sector , Oil & Gas , OSHA , Safety Training , Workplace Hazards , Workplace Injury , Workplace Safety

Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and...more

12/28/2015 / Criminal Penalties , Department of Justice (DOJ) , Department of Labor (DOL) , Employer Liability Issues , OSHA , Workplace Safety

Eighth Circuit Rejects OSHA’s Attempt to Expand the Scope of its Machine Guarding Standard

In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more

10/19/2015 / Administrative Interpretation , Administrative Law Judge (ALJ) , Agency Deference , Appeals , Employer Liability Issues , Lathes , OSHA , OSHRC , Penalties , Secretary of Labor , Vacated

James Curtis

Seyfarth Shaw LLP

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