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Occupational Safety and Health Administration › Willful Misconduct

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 -
Vinson & Elkins LLP

OSHA’s Willful Finding Upheld Over Allegations of Supervisor’s Misconduct

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Last month, the Fifth Circuit Court of Appeals affirmed a $35,000 fine against an employer whose foreman, despite explicit instructions by a company manager to fix an Occupational Safety and Health Administration (“OSHA”)...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 34 December 2020

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In addition to the familiar lawsuits that we have been seeing since the pandemic started this spring, there have been new developments with the Pennsylvania Legislature, the Supreme Court of the United States, a major sports...more

Dorsey & Whitney LLP

The Anatomy of Corporate Criminal Liability: Appellate Court Sustains Organizational Conviction and Imposition of Maximum Penalty...

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In recent years the buzz in organizational criminal liability has come from so-called “individual liability” for acts of corporate wrongdoing—the idea that managers and employees are not immune from individual prosecution for...more

Ruder Ware

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

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On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

Adams and Reese LLP

OSHA Violations: Managers and Others May Have Personal Civil and/or Criminal Liability

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Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though...more

Baker Donelson

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

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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

Fisher Phillips

Retail Industry Update, No. 2, June 2013: Handling Misconduct By (Someone Else's) Employees

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In “Legally Blonde,” Reese Witherspoon’s hairdresser catches the eye of her crush, the sexy delivery driver. In spite of starting with an awkward misfire with the hairdresser smacking the delivery driver in the nose, the...more

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