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Employer Liability Issues › Occupational Safety and Health Administration › Supervisors

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part One: Don’t Allow Supervisor Interviews on Inspection Day

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

Woods Rogers

Construction Industry Safety Awareness

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According to 2020 OSHA data, there were 976 construction-related fatalities. Of those 88 fatalities included construction supervisors, making it clear that safety awareness is critical for everyone on a project site and not...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Parker Poe Adams & Bernstein LLP on

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Fisher Phillips

Weekly Round Up – February 4, 2018

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Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general,...more

Fisher Phillips

Howard’s Weekly Roundup - January 27 - Part 2.

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We’ve separated Saturday’s Weekly Roundup into two posts for more easy consumption. This section includes comments from two nationally recognized professionals in our industry who commented on safety, employment law, and...more

Bradley Arant Boult Cummings LLP

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

Bradley Arant Boult Cummings LLP on

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that...more

Baker Donelson

Eleventh Circuit Declines to Impute Supervisor's Knowledge of Misconduct to the Employer

Baker Donelson on

On July 24, 2013, the Eleventh Circuit joined several other courts of appeal in declining to allow the Secretary of Labor to lay blame for a supervisor's knowledge of his own misconduct to his employer in establishing a prima...more

Holland & Knight LLP

When Knowing Is No Sure Thing: 11th Circuit Requires OSHA to Dig Deeper Before Imputing Supervisor's Misconduct to Employer

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In a recent case of first impression, the U.S. Court of Appeals for the 11th Circuit reversed the Occupational Safety and Health Review Commission (OSHRC) and held that an employer is not automatically liable for the health...more

Akerman LLP - HR Defense

Supervisor Misconduct Alone Is Insufficient To Impute Employer Liability Under The OSH Act

Akerman LLP - HR Defense on

On July 24, 2013, in Comtran Group, Inc. v. U.S. Department of Labor, the U.S. Court of Appeals for the Eleventh Circuit overturned a final decision of the Occupational Safety and Health Review Commission ("Review...more

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