News & Analysis as of September 20, 2024

Occupational Safety and Health Administration › Civil Monetary Penalty

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Wiley Rein LLP on 7/11/2024

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

Bracewell LLP on 7/2/2024

The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative...more

Supreme Court in Jarkesy Limits the SEC’s Powers to Use In-House Administrative Courts

Mintz - Securities Litigation Viewpoints on 7/1/2024

On June 27, the Supreme Court issued its decision in the closely-watched SEC v. Jarkesy, holding that the SEC could no longer seek civil monetary penalties for fraud in its in-house courts consistent with the Seventh...more

Employers Face Increased Risk of OSHA Violations

Venable LLP on 3/15/2024

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

OSHA Enforcement: Atlanta, Georgia Chemical Manufacturer Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/14/2024

The Occupational Safety and Health Administration (“OSHA”) issued a March 8 news release and link to a Citation and Notice of Penalty for Southern Industrial Chemicals Inc. South Industrial Chemicals Inc. is stated to be...more

Silica/OSHA Enforcement: Selma, Alabama, Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2024

The Occupational Safety and Health Administration (“OSHA”) issued a February 27th news release addressing Henry Brick Co., Inc. (“HBCI”). The news release describes HBCI as a Selma, Alabama, brick manufacturer....more

DOL’s Legal Team & OSHA Step Up Enforcement For Repeat & Willful Violations

Hendershot Cowart P.C. on 3/4/2024

In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more

Department of Labor 2023 Enforcement Report – OSHA Insights

Hahn Loeser & Parks LLP on 2/9/2024

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

OSHA Increases Civil Penalty Amounts Based on Inflation

Parker Poe Adams & Bernstein LLP on 1/26/2024

Earlier this month, the U.S. Occupational Safety and Health Administration announced that maximum civil penalties for serious violations would increase from $15,625 to $16,131. The penalties for repeat or willful violations...more

OSHA Increases Maximum Civil Money Penalties to Start the New Year

Cozen O'Connor on 1/19/2024

Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the...more

OFCCP Week In Review: January 2024 #3

DirectEmployers Association on 1/16/2024

Wednesday, January 10, 2024: US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule - The U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) published its much anticipated...more

OSHA Penalties Automatically Increase, Putting Pressure on Employers to Comply with Workplace Safety Obligations

Fisher Phillips on 1/12/2024

Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety...more

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

Seyfarth Shaw LLP on 1/11/2024

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more

Inflation Juices Annual Increases in US Department of Labor Civil Monetary Penalties

Fox Rothschild LLP on 1/17/2023

It’s not only the cost of eggs that is increasing. The U.S. Department of Labor (DOL) has published in the Federal Register the annual increases in civil money penalties required by the Federal Civil Penalties Inflation...more

When Is ‘Too Hot’ Actually Too Hot to Work? OSHA Cites Contractor After Florida Farm Worker Fatality

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/16/2022

On August 12, 20222, the Occupational Safety and Health Administration (OSHA) issued a citation to a farm labor contractor alleging violations for exposing workers to high ambient outdoor heat following the death of a worker...more

OSHA Enforcement: Middletown, New Jersey, Foundry Proposed Penalties for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/15/2022

The Occupational Safety and Health Administration (“OSHA”) issued a September 9th news release indicating it was proposing penalties for Engineered Precision Casting Co. (“Engineered Precision”) for alleged violations. ...more

Ammonia/OSHA Enforcement: Canton, Ohio, Poultry Processing Plant Cited for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/4/2022

The Occupational Safety and Health Administration (“OSHA”) issued an August 1st news release stating it has cited Pilgrim’s Pride Corporation (“Pilgrim’s”) for alleged violations. Pilgrim’s is described as one of the...more

OFCCP Week In Review: February 2022 #4

DirectEmployers Association on 2/28/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Methylene Chloride/OSHA Enforcement: Citations Issued to Bergen County, New Jersey, Manufacturing Facility

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/10/2022

The Occupational Safety and Health Administration (“OSHA”) issued a February 2nd news release stating it issued citations to Sinclair & Rush Inc. (“S&R”). The citations were issued to an S&R Bergen County, New Jersey,...more

OFCCP Week In Review: January 2022 #3

DirectEmployers Association on 1/20/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Big Money: OSHA and EPA Civil Penalties Increase for 2022

Seyfarth Shaw LLP on 1/20/2022

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more

Recent Inflation Increase Pushes Up OSHA and Other Labor Law Penalties

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/19/2022

The recent spike in inflation has now caused a 6.2 percent rise in penalties for violations of the Occupational Safety and Health Act of 1970 and other labor laws. On January 14, 2022, the Occupational Safety and Health...more

Insult To Injury

Constangy, Brooks, Smith & Prophete, LLP on 1/19/2022

If you weren’t already concerned about the rate of inflation, its effect has produced another blow in the OSHA world. Under the terms of the 2015 Inflation Adjustment Act, the U.S. Department of Labor has once again made the...more

The State of Masking Requirements in Oregon

Tonkon Torp LLP on 1/11/2022

In a shifting landscape of federal and state rules, mandates, and legal challenges to them, Oregon employers may be wondering whether face masks and related requirements are still in effect. Until at least February 2022,...more

Asbestos/OSHA Enforcement: Proposed Assessment for Leawood, Kansas Contractor

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/28/2021

The Occupational Safety and Health Administration (“OSHA”) issued a December 20th news release stating it was proposing penalties and issuing a Hazard Alert Letter to Compass Resources LLC (“Compass”) for alleged violations. ...more

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