News & Analysis as of

Criminal Prosecution Occupational Safety and Health Administration

Fisher Phillips

Top 10 Workplace Law Predictions for 2024

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It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Parker Poe Adams & Bernstein LLP

Business Owner Pleads Guilty to Manslaughter Charges Following Fatal Trench Collapse

Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more

Reveal

Legal Risk Management: 5 Ways to Proactively Mitigate Risk

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Corporations must innovate and set themselves apart from their competition to achieve long-term success, but they cannot act with reckless abandon in doing so. Rather, they must strategically plan their moves to proactively...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

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Hahn Loeser & Parks LLP

OSHA Announces Enhanced Nationwide Enforcement on Trenching

There have been 22 trenching and excavation fatalities in the first six months of 2022 compared to 15 in all of 2021. Given this alarming increase, OSHA announced the launch of an “enhanced enforcement initiative” to...more

Parker Poe Adams & Bernstein LLP

OSHA Notes Increase in Criminal Prosecutions

Last month, a Colorado business owner was sentenced to 10 months in prison following the death of one of his workers in a trenching accident. The deceased employee had not been trained in appropriate trenching techniques, and...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - May 2021 #3

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House Education and Labor Committee Chair Robert C. Scott (D-VA) issued a statement on May 18 criticizing the Biden Administration’s decision to use “the honor system” to report coronavirus vaccination status. He said, “One...more

Parker Poe Adams & Bernstein LLP

Federal Court Sentences Business Owner to Prison for Violating Fall Protections

Most employers know that the Occupational Safety and Health Administration can assess civil penalties for violation of safety standards. However, they may not be aware that the OSH Act also contains criminal penalties. ...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

Fisher Phillips

Criminal Charges For OSHA Violations? State Prosecutors Are Taking Increased Interest

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Most employers are aware that the Occupational Safety and Health Administration can issue monetary penalties for health and safety violations occurring in the workplace. Many employers also know that in particular...more

Foley & Lardner LLP

But I'm in HR - What Do You Mean I Can Go to Jail?

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Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as...more

Husch Blackwell LLP

Yes, OSHA Violations Can Send You To Jail

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Can mis-steps with OSHA land you in jail? Several recent cases are a reminder that the risk is real. While OSHA rarely makes a criminal case out of safety violations, it does pursue criminal charges when people mislead the...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Affirms Criminal OSHA Sanctions Against Construction Company

The Eighth Circuit Court of Appeals last month affirmed a criminal conviction and $500,000 penalty assessed against a construction company accused of failing to follow fall protection rules, leading to the death of an...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

BakerHostetler

DOJ Indictment of Senior Project Manager Reminds Employers of Severity of Potential Consequences When Dealing With OSHA Inspectors

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A 49-year-old senior project manager for a roofing contractor was indicted on April 19 on three charges that he made false, fictitious and fraudulent statements to federal OSHA investigators. The Department of Justice accuses...more

Tarter Krinsky & Drogin LLP

Construction Safety: Lessons From 2016 and Remedies in 2017

While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did,...more

Foley & Lardner LLP

One of Our Employees Died at Work – Am I Going to Jail?

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Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

Stoel Rives LLP

Worker Safety Law Alert: What You Need to Know to Avoid Enforcement Actions

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Employers should remain on alert regarding the increasing trend towards more aggressive enforcement of worker safety standards demonstrated over the past year by the U.S. Occupational Safety and Health Administration (“OSHA”)...more

Seyfarth Shaw LLP

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

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Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

Jackson Lewis P.C.

Construction Contractor Faces Manslaughter Charge in Worker’s Death

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A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

Fisher Phillips

Goodbye Carrot, So Long Stick…Hello Club!

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Most would agree that workplace safety is of the utmost importance. Accordingly, the Occupational Safety and Health Act of 1970 (“OSH Act”) was enacted for the purpose of ensuring that employers provide their employees safe...more

BakerHostetler

Departments of Justice and Labor Announce Initiative to Provide for Significantly Increased Criminal Penalties for Workplace...

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On December 17, 2015, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced an expansion to the Worker Endangerment Initiative intended to increase the frequency and effectiveness of criminal...more

Perkins Coie

Worker Endangerment Initiative May Increase Criminal Prosecutions of Worker and Health Safety Violations

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The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more

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