News & Analysis as of

Administrative Law Judge (ALJ) Workplace Safety Workplace Hazards

Fisher Phillips

Hospital and Management Company Both Liable for Same OSHA Violation at Shared Worksite: What Can You Do to Avoid “Single-Employer”...

Fisher Phillips on

A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2025)

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Cal/OSHA Appeals Board Decisions Address Inspection Warrants, Exclusion of Evidence, and Employee Foot Protection

The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more

Jackson Lewis P.C.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

Jackson Lewis P.C. on

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA...more

Jackson Lewis P.C.

Occupational Safety And Health Review Commission Issues Spate Of Pro-Employer Decisions

Jackson Lewis P.C. on

Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Good Deed Goes Unpunished: D.C. Circuit Holds Employer That Failed to Implement Its Own Safety Program Violated the General...

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but...more

Fisher Phillips

D.C. Circuit Court of Appeals Provides Little Guidance on MSHA 105(c) Interference Test

Fisher Phillips on

Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) provides “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise of the statutory rights of any...more

Jackson Lewis P.C.

Review Commission Down To One Commissioner. With No Quorum, Decisions Come To A Halt.

Jackson Lewis P.C. on

In 2018 and the early part of 2019, there has been a flurry of interesting decisions from the Occupational Safety and Health Review Commission (“Commission”). The decisions have ranged from a case clarifying Secretary of...more

Seyfarth Shaw LLP

Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence

Seyfarth Shaw LLP on

Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more

Seyfarth Shaw LLP

Final Update From The 2019 ABA Occupational Safety And Health Law Committee Midwinter Meeting

Seyfarth Shaw LLP on

We attended the ABA Occupational Safety and Health Law Meeting last week in San Juan, Puerto Rico. Present are representatives from the OSH Review Commission, the MSH Review Commission, and the Solicitor’s Office. ...more

Seyfarth Shaw LLP

OSHA Review Commission Back in Business

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Seyfarth Shaw LLP

OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide