News & Analysis as of

Workplace Safety Criminal Liability Occupational Safety and Health Administration

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

Holland & Knight LLP

Podcast - The Law as a Force for Change

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and...more

Venable LLP

Employers Face Increased Risk of OSHA Violations

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The Department of Labor recently published the Solicitor of Labor’s (SOL) 2023 Enforcement Report, which provides insight into the Department’s initiatives and enforcement priorities for 2024.  ...more

Seyfarth Shaw LLP

Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

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Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality...more

Seyfarth Shaw LLP

Alec Baldwin Manslaughter Charges Spotlight Criminal Liability For Occupational Fatalities

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Seyfarth Synopsis: Recent involuntary manslaughter charges against actor Alec Baldwin serve as a reminder of the state criminal manslaughter liability that may result from industrial accidents. Company management and...more

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

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Criminal Enforcement/Lead Based Paint Rules: U.S. Department of Justice Announced Sentencing of Washington, D.C., Individual for...

The United States Department of Justice (“DOJ”) issued a January 16th news release stating that a Washington, D.C. individual had been sentenced in the United States District Court for allegedly violating the Toxic Substances...more

Littler

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

Littler on

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

Weintraub Tobin

Things You Hope You Will Never Need to Know: Liability Arising from Serious Workplace Injury

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Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s...more

Seyfarth Shaw LLP

It’s the PITs! Employer Guide to Forklift Liability in the Workplace

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Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT). OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more

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