General Duty Clause, Workplace Hazards, Administrative Law Judge (ALJ)

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

Fisher Phillips on 7/18/2025

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

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/21/2023

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits...more

Judge Finds No Scientific Basis for NWS Heat Index Chart Used by OSHA in Heat Stress Cases

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/21/2020

An administrative law judge of the independent Occupational Safety and Health Review Commission held this week that the Occupational Safety and Health Administration (OSHA) had failed to show that a document the agency used...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/6/2020

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

OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause

Hahn Loeser & Parks LLP on 4/16/2019

On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more

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

Seyfarth Shaw LLP on 3/27/2019

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