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OSH Act Appeals

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

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

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

Third Circuit Limits Employee Private Right of Action Under OSH Act

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more

Holland & Hart - Employers' Lawyers

Federal Mandatory COVID-19 Vaccine Mandates: The Saga Continues

Of all of the vaccination mandates issues by the federal government, OSHA’s emergency temporary standard (“ETS”) has likely received the most attention lately. The enforceability of the ETS, or lack thereof, has been a...more

ArentFox Schiff

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

ArentFox Schiff on

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...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

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