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Workplace Safety Appeals Occupational Safety and Health Administration

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

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

Cozen O'Connor

7th Circuit Upholds Criminal Convictions Under OSHA

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A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...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

Cozen O'Connor

Quick Hits: OSHRC Down to Zero Commissioners and Heat Illness Update

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The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent...more

Conn Maciel Carey LLP

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

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Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

Fisher Phillips

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

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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)

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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

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

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

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

Dorsey & Whitney LLP

Federal Contractor Vaccine Mandate: Federal Appeals Court Says It's Unlawful But You Might Have to Comply Anyway

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​​​​​​​Lately, litigation news related to public and private workplace COVID-19 vaccine mandates has quieted. That changed last Friday, when the Eleventh Circuit Court of Appeals narrowed a nationwide injunction against the...more

Parker Poe Adams & Bernstein LLP

Federal Judge Puts Vaccine Mandate for Federal Employees on Hold

A federal district court judge in Texas issued a nationwide injunction blocking implementation of the White House’s COVID-19 vaccination mandate for federal employees. The judge relied on the U.S. Supreme Court’s recent...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

Venable LLP

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

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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

CDF Labor Law LLP

Supreme Court to Hear Consolidated Appeals on Vaccine Mandates on January 7, 2022

CDF Labor Law LLP on

While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more

Nutter McClennen & Fish LLP

Sixth Circuit Court of Appeals Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) that...more

Smith Anderson

The OSHA Vaccine Mandate is Back On...Stay Tuned

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On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit breathed new life into the Biden Administration’s COVID-19 vaccine mandate for employers with 100 or more employees. The 6th Circuit’s...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

ArentFox Schiff

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

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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

Bracewell LLP

Federal Court of Appeals Allows OSHA's Vaccination/Testing Rule for Employers with 100+ Employees to Go Forward

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Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard...more

Harris Beach Murtha PLLC

Sixth Circuit Lifts Stay on OSHA’s Vaccine Mandate for Large Employers

Harris Beach Murtha PLLC on

The U.S. Court of Appeals for the Sixth Circuit dissolved an order staying enforcement of the emergency temporary standard (“ETS”) issued by the Occupational Safety and Health Administration (OSHA). The ETS requires all...more

Fisher Phillips

Federal Appeals Court Reinstates OSHA’s Vaccine Mandate-or-Test ETS: An Employers’ 5-Step Compliance Plan

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In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision....more

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