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Safety Violations Employer Liability Issues Corporate Counsel

Parker Poe Adams & Bernstein LLP

OSHA Changes Penalty and Collection Policies

Last month, the federal Occupational Safety and Health Administration issued updated guidance on penalty and debt collection procedures. According to OSHA, the policy revisions are intended to assist small businesses with...more

Littler

No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

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On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. ...more

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

OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will...more

Parker Poe Adams & Bernstein LLP

OSHA Adds $2.7 Million in Fines One Month After Assessing Employer for $1.6 Million

In recent months, EmployNews has reported on the dramatic increase in penalties assessed by the federal Occupational Safety and Health Administration (OSHA) in situations where the agency believes that employers are not...more

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

OSHA Expands Scope of Its Severe Violator Enforcement Program to Target Additional Employers

​​​​​​​On September 15, 2022, the Occupational Safety and Health Administration (OSHA) published Directive Number CPL 02-00-169, a new instruction to its enforcement arm, updating policies and procedures for OSHA’s Severe...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Fisher Phillips

OSHA Warns Fines Must Be Paid Or You (Individually) May Face “18 And Life”

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Ever wonder what the Occupational Safety and Health Administration (OSHA) would do if an employer refused to pay a fine? We just found out, and it’s not just the employer that needs to be concerned. After a New Jersey-based...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Littler

OSHA Update: Court of Appeals Upholds Employer's Criminal Liability and Maximum Fine in Employee's Death

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On July 17, 2018, the U.S. Court of Appeals for the Eighth Circuit affirmed a verdict that had found an employer criminally liable for an employee's fatal fall. ...more

Seyfarth Shaw LLP

OSHA Review Commission Back in Business

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more

Littler

Cal/OSHA Amendment Significantly Expands its Definition of “Repeat” Violations

Littler on

Effective January 1, 2017, Cal/OSHA will be utilizing a broader definition of “Repeat” violation under California’s Health and Safety Code. This is significant for California employers because if Cal/OSHA finds a Repeat...more

Bradley Arant Boult Cummings LLP

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

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

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