News & Analysis as of

Workplace Safety Appeals Employer Liability Issues

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

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

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Cranfill Sumner LLP

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

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The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a...more

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Parker Poe Adams & Bernstein LLP

Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

For employers, workers' compensation laws act as both a sword and a shield. While injured employees do not have to prove negligence resulting in the injury, they cannot sue the employer for personal injury outside of the...more

Weber Gallagher Simpson Stapleton Fires &...

PEOs, Pizza Sauce, and Penalties: New York Workers’ Compensation Appellate Roundup – May 2025

Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Carr Maloney P.C.

When is an injured worker’s own conduct a defense to liability under New York’s Scaffold Law?

Carr Maloney P.C. on

In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2025)

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...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

Bradley Arant Boult Cummings LLP

No. 10: Unlocking the Secrets of OSHA Inspections Through FOIA Requests

Did you know that you can request files from OSHA? Under the Freedom of Information Act (FOIA), employers, employees, and third parties have the right to request documents from OSHA’s inspection files. These records provide...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Goldberg Segalla

[Webinar] Labor Law Update: Fall 2023 - December 12th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA

Fisher Phillips on

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more

Proskauer - California Employment Law

Real WFH Stories: Employer Not Responsible for Ensuring Safety of Employees’ Homes, Appeals Court Holds

California law requires employers to furnish a “safe and healthful” workplace to employees. Now that the line between “workplace” and “home” has been blurred for so many workers in the wake of the COVID-19 pandemic, the law...more

Saul Ewing LLP

Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation

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A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See...more

Proskauer - California Employment Law

Cal/OSHA’s COVID-19 Emergency Temporary Standards Survives its First Challenge

As we reported here, Cal/OSHA’s revised COVID-19 Emergency Temporary Standards (“ETS”) took effect on January 14, 2022. The controversial emergency regulations, which have caused employers countless headaches, survived their...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

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Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Venable LLP

Fifth Circuit to Employers: "Your Past May Haunt You"

Venable LLP on

Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more

Steptoe & Johnson PLLC

UPDATE: Sixth Circuit Panel Lifts Fifth Circuit’s Stay on OSHA’s Vaccination and Testing Emergency Temporary Standard

Steptoe & Johnson PLLC on

Just before 7 p.m. on Friday, December 17, 2021, a divided panel of the Sixth Circuit dissolved the Stay issued by the Fifth Circuit, which prevented the Occupational Safety and Health Administration (“OSHA”) from enforcing...more

Fenwick & West LLP

OSHA Issues Long-Awaited Emergency Standards to Implement Vaccine/Testing Mandate for Large Employers - Updates

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[Editor’s Note (12/20/21): The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s injunction halting enforcement of the OSHA Standards, and, specifically, the mandate regarding vaccination or weekly...more

Mintz - Employment Viewpoints

A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule - Update

UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more

Morgan, Brown & Joy, LLP

First Circuit Court of Appeals Refuses to Enjoin Mass General Brigham’s Mandatory Vaccination Policy

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On November 18, 2021, the First Circuit Court of Appeals upheld a ruling by the Federal District Court in Massachusetts denying Mass General Brigham (MGB) employees’ request for a preliminary injunction which would have...more

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