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Employer Liability Issues Occupational Safety and Health Administration Citations

Fisher Phillips

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

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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

Conn Maciel Carey LLP

[Webinar] The Usual Suspects: How to Avoid the Five Most Expensive (and Frequently Cited) Types of General Industry Citations -...

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Year in and year out, the same 5 standards tend to be cited the most frequently in general industry inspections. While their placement in the Top 5 may vary from time to time, Lockout/Tagout, Hazard Communication, Respiratory...more

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

OSH Law Primer, Part XI (Continued): Understanding and Contesting OSHA Citations - The Whys and Hows

This is a continuation of the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and...more

Fisher Phillips

Government’s Shredding of Key Documents Leads Judge to Dismiss North Carolina Safety Case – Possible Relief for Your Business?

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A judge just dismissed a safety claim being prosecuted by North Carolina workplace safety officials after it was revealed at trial that NC OSHA inspectors had been shredding handwritten notes and other documents from their...more

Fisher Phillips

Employers to Face Increased OSHA Penalties For 2025: How You Should Develop Your Workplace Safety Strategy for the New Year

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Employers will face higher penalties for workplace safety violations in 2025 now that the U.S. Department of Labor has just published its listing of annual increases. These yearly increases to OSHA’s maximum civil penalties...more

BakerHostetler

Cal/OSHA Imposes $276,000 Penalty for First Willful Heat Illness Violation

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Cal/OSHA is increasing its focus on enforcement of heat illness violations. On December 12, Cal/OSHA issued its first willful violation alleging Parkwood Landscape Maintenance (Parkwood) failed to comply with California Code...more

Bradley Arant Boult Cummings LLP

No. 9 The Particulars on OSHA Violations: How Much Notice is Enough?

Just what does an OSHA citation have to include? Section 9(a) of the Occupational Safety and Health Act requires that citations “describe with particularity the nature of the violation, including a reference to the provision...more

Bradley Arant Boult Cummings LLP

No. 8 Employers Have 15 Working Days to Contest a Citation but Have the Option to Negotiate a Settlement with OSHA Before That...

What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the abatement...more

Bradley Arant Boult Cummings LLP

No. 7 OSHA Can Issue Citations for Unsafe Work Conditions That Do Not Violate Any Specific OSHA Standard

Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated. The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer...more

Bradley Arant Boult Cummings LLP

No. 4 of 10 Things Every Employer Should Know About OSHA: OSHA Must Issue a Citation Within Six Months

OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled...more

Parker Poe Adams & Bernstein LLP

OSHA Cites Convenience Store Following Robbery and Shooting

The vast majority of citations issued by the Occupational Safety and Health Administration involve accidents or negligent behavior that result in injury or illness resulting from inanimate objects, hazardous materials, or...more

Benesch

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

Benesch on

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more

Conn Maciel Carey LLP

[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement - October 22nd, 1:00 pm ET

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Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more

Poyner Spruill LLP

OSHA’s Top Ten

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OSHA has released its “Top Ten” list of the most cited safety violations of last year.  The largest number of violations were observed in the Construction Industry.  The Top Ten include...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

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

Fisher Phillips

Is My Employee’s French Lavender Pumpkin Cinnamon Swirl Air Freshener a Workplace Safety Violation? 5 Steps to Avoid a Fragrance...

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Those in your workplace who use air fresheners are likely confident they are doing everyone a favor – but could an office air freshener actually lead to an OSHA citation against your organization? Read on to find the...more

Fisher Phillips

OSHA Penalties Automatically Increase, Putting Pressure on Employers to Comply with Workplace Safety Obligations

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Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety...more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part 4: No Hazardous Activity in Plain View During the Inspection

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With maximum limits for Occupational Safety and Health Administration (OSHA) penalties increasing every year, knowing what to do when OSHA arrives at your door is more important than ever. That’s why we’re releasing this...more

Seyfarth Shaw LLP

Be Ready to Defend the Castle: Employers Need a Written OSHA Inspection Management Policy

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Federal OSHA conducted 24,333 onsite inspections in 2021, resulting in thousands of citations. Make no mistake, OSHA (and especially Cal/OSHA) have been gearing up with a new generation of compliance officers, training them...more

Jackson Lewis P.C.

Contested Safety Citation Struck Down as OSHA Fails to Make Its Case

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Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission...more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part Three: Escort Your Inspector Straight To and From the...

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With maximum limits for Occupational Safety and Health Administration (OSHA) penalties increasing every year – currently over $15,000 for serious/other than serious citations and more than $150,000 for a repeat and willful –...more

Fisher Phillips

Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

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When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door...more

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

Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties

Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

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