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Safety Violations General Duty Clause

Fisher Phillips

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

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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

Bradley Arant Boult Cummings LLP

No. 7 OSHA Can Issue Citations for Unsafe Work Conditions That Do Not Violate Any Specific OSHA Standard

Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated. The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer...more

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

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

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

Husch Blackwell LLP

OSHA issues ANPRM on Heat Injury and Illness Prevention

Husch Blackwell LLP on

On October 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) on Heat Injury & Illness Prevention in Outdoor and Indoor Work Settings. 86 Fed. Reg. 59309 (Oct. 27, 2021). As announced in the ANPRM, OSHA is...more

Parker Poe Adams & Bernstein LLP

OSHA Releases COVID-19 Citation Statistics and Guidance for Respirator Fitting

Last Friday, the federal Occupational Safety and Health Administration released statistics on citations issued to employers for COVID-19 safety violations. OSHA has not issued a COVID-19 safety standard, and the citations...more

Fisher Phillips

Appeals Court Clamps Down On OSHA Investigations

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In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more

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