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
On October 25, 2021, a customer named Jacob Bergquist, with a history of violating the Boise Towne Square Mall’s firearms ban, opened fire at the mall. The shooting in the Idaho mall led to the deaths of a Professional...more
By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people...more
In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more
This is the first in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act, the Occupational Safety and Health Administration (OSHA), and how both...more
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
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