News & Analysis as of

Occupational Safety and Health Administration Supervisors

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 -
Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part One: Don’t Allow Supervisor Interviews on Inspection Day

Fisher Phillips on

With maximum limits for Occupational Safety and Health Administration penalties increasing every year – currently over $15,000 for serious/other than serious citations and more than $150,000 for a repeat and willful – knowing...more

Woods Rogers

Construction Industry Safety Awareness

Woods Rogers on

According to 2020 OSHA data, there were 976 construction-related fatalities. Of those 88 fatalities included construction supervisors, making it clear that safety awareness is critical for everyone on a project site and not...more

Jaburg Wilk

Dear Employer: I’m Recording You!

Jaburg Wilk on

More and more, I have noticed employees are recording their employers. Smartphones, along with other technological advances, have made recording or videoing workplace conversations very easy. These recordings can be used in...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

Fisher Phillips

Weekly Round Up – February 4, 2018

Fisher Phillips on

Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general,...more

Fisher Phillips

Howard’s Weekly Roundup - January 27 - Part 2.

Fisher Phillips on

We’ve separated Saturday’s Weekly Roundup into two posts for more easy consumption. This section includes comments from two nationally recognized professionals in our industry who commented on safety, employment law, and...more

Obermayer Rebmann Maxwell & Hippel LLP

Lawsuit Bait: Reimagining the Revenant in Today’s Litigious World

Although the Oscars are eleven days away, it seems that the online collective of paid critics, amateur bloggers, and self-professed film buffs has already announced the “rightful winners.” Whatever the Academy Awards...more

Bradley Arant Boult Cummings LLP

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that...more

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

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

Baker Donelson

Eleventh Circuit Declines to Impute Supervisor's Knowledge of Misconduct to the Employer

Baker Donelson on

On July 24, 2013, the Eleventh Circuit joined several other courts of appeal in declining to allow the Secretary of Labor to lay blame for a supervisor's knowledge of his own misconduct to his employer in establishing a prima...more

Holland & Knight LLP

When Knowing Is No Sure Thing: 11th Circuit Requires OSHA to Dig Deeper Before Imputing Supervisor's Misconduct to Employer

Holland & Knight LLP on

In a recent case of first impression, the U.S. Court of Appeals for the 11th Circuit reversed the Occupational Safety and Health Review Commission (OSHRC) and held that an employer is not automatically liable for the health...more

Akerman LLP - HR Defense

Supervisor Misconduct Alone Is Insufficient To Impute Employer Liability Under The OSH Act

On July 24, 2013, in Comtran Group, Inc. v. U.S. Department of Labor, the U.S. Court of Appeals for the Eleventh Circuit overturned a final decision of the Occupational Safety and Health Review Commission ("Review...more

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

Can OSHA Use a Supervisor’s Own Misconduct to Establish Employer Knowledge of a Violation? The Eleventh Circuit Chimes In

The issue of whether the Occupational Safety and Health Administration (OSHA) can introduce evidence of a supervisor’s own misconduct to show employer knowledge of an OSHA violation has created a split in the circuit courts....more

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

U.S. Supreme Court Issues Two Key Title VII Rulings

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

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