News & Analysis as of September 21, 2024

Occupational Safety and Health Administration › Labor Law Violations

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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 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 -

OSHA Enforcement: Houston, Texas Metal Powder Coating Company Proposed Penalties for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/16/2024

The Occupational Safety and Health Administration (“OSHA”) issued a July 1st news release stating that it had proposed penalties for alleged violations by Outdoor Furniture Refinishing, Inc. (“OFRI”). The news release...more

OSHA Enforcement: Commerce, Georgia, Electric Vehicle Battery Manufacturing Facility Cited for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/2/2024

The Occupational Safety and Health Administration (“OSHA”) issued a January 17th news release stating it was proposing to assess penalties against SK Battery America Inc. (“SK”) for alleged violations. SK is described as a...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

Cooperation Trend Continues: OSHA and NLRB Announce Joint Enforcement Agreement

Parker Poe Adams & Bernstein LLP on 11/10/2023

In recent months, a number of federal labor and employment agencies have announced new initiatives intended to coordinate and cross-refer enforcement actions. This trend continued last week when the National Labor Relations...more

Ensuring Child Labor Law Compliance Amid Growing Scrutiny

Foley & Lardner LLP on 8/21/2023

In February, the New York Times published an investigative report regarding alleged employment of underage migrants, many from Central America, at U.S. companies. While employment of certain minors is permitted under federal...more

OSHA Enforcement: Conley, Georgia, Chemical Manufacturing Facility and its Maintenance Contractor Cited for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/23/2023

The Occupational Safety and Health Administration (“OSHA”) announced in a May 16th news release that it had cited Arch Wood Protection, Inc. (“AWPI”) and Mullins Mechanical & Welding, LLC (“Mullins”) for alleged violations. ...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

OP-ED: An Oregon OSHA Effect to Be Aware of if State Bill Becomes Law

Schwabe, Williamson & Wyatt PC on 4/6/2023

On March 8, 2023, the Oregon Senate passed Senate Bill 592, which, if passed by the House and signed by the governor, would significantly increase the penalty amounts that the Oregon Occupational Safety and Health Division...more

OSHA Refers Child Labor Discoveries to Wage and Hour Division

Parker Poe Adams & Bernstein LLP on 3/17/2023

In a recent EmployNews article, we discussed the recent publicity over child labor violations across the U.S., frequently involving immigrant minors. Earlier this month, the Department of Labor’s (DOL) Wage and Hour Division...more

Construction Employers: Beware the Ides of March

Spilman Thomas & Battle, PLLC on 3/1/2023

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more

Top 10 Workplace Law Predictions for 2023

Fisher Phillips on 1/3/2023

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...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

Is There Personal Liability For OSHA Penalties?

Cozen O'Connor on 3/29/2022

Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety...more

USDA Seeks to ‘Blacklist’ Government Contractors for Labor and Employment Law Violations

Jackson Lewis P.C. on 3/14/2022

The U.S. Department of Agriculture (USDA) published a Notice of Proposed Rulemaking (NPRM) on February 17, 2022, seeking to update its contract acquisition requirements. Within the proposed rulemaking, the USDA included two...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

OSHA Penalties: Up, Up, and Away!

Butler Snow LLP on 2/7/2022

CONSIDERATIONS FOR EMPLOYERS AS OSHA PENALTIES SOAR TO NEW HEIGHTS - The U.S. Department of Labor recently announced inflation-adjustment increases in penalties for violating regulations promulgated by DOL agencies,...more

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

Saul Ewing LLP on 1/20/2022

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

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

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on 1/4/2022

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

OSHA Enforcement: Proposed Penalty Assessment for Mandeville, Louisiana, Solar Panel Installation Contractor

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/2/2021

The Occupational Safety and Health Administration (“OSHA”) issued a November 12th news release stating that it was proposing to assess penalties to Marc Jones Construction LLC (“MJC”) for alleged violations of federal...more

Florida Governor Signs Anti-Mandate Legislation

Constangy, Brooks, Smith & Prophete, LLP on 11/23/2021

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of...more

[Webinar] Delta Deja Vu - What do we need to do now? - August 26th, 11:00 am CT

McGlinchey Stafford on 8/17/2021

The Delta variant of COVID-19 is wreaking havoc on businesses nationwide. Clients are contacting us daily with urgent questions as to how to deal with Delta and its impact on operations. As we ride the Delta wave, we...more

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Franczek P.C. on 4/13/2021

In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more

Long-Term Care Facilities: OSHA Monitors Employer Weekly Reports to CMS

Butler Snow LLP on 1/26/2021

OSHA is pursuing a new avenue to identify potential employer violations related to COVID-19 employee deaths at long-term care facilities: employers’ CMS data. In May 2020, the Centers for Medicare & Medicaid Services...more

What Kinds of Citations has OSHA Been Issuing During the Pandemic?

Ruder Ware on 11/10/2020

OSHA’s enforcement activity has been accelerating as the number of COVID-19 cases has increased. Now OSHA has issued a guidance designed to give employers an understanding of the most commonly cited violations arising from...more

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Occupational Safety and Health Administration › Labor Law Violations

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