Safety Inspections

News & Analysis as of

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

USDA Announces New Standards to Reduce Salmonella and Campylobacter in Poultry

New standards promulgated by the Food Safety and Inspection Service pose new challenges to the poultry industry. On February 4, the US Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS)...more

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

Ontario OHSA convictions, fines inch up in 2014/15, MOL field visits at 11-year low

While the number of field visits conducted by Ontario Ministry of Labour inspectors continued to decline in 2014/15, the number of convictions increased slightly, the Ontario Ministry of Labour’s “Occupational Health & Safety...more

Does your safety policy require an accident investigation? Court suggests investigation file may not be litigation privileged

An Alberta judge has suggested that if a workplace safety policy or program requires that certain accidents be investigated, then the accident investigation reports may not be subject to litigation privilege – meaning that...more

Refusing to provide a written statement to an investigating officer did not constitute obstruction of a safety officer but...

This case serves as an example of what degree of conduct will or will not constitute obstruction of an officer in a workplace investigation. The accused was charged under the Safety Act (NWT) with 2 counts of obstructing...more

New OSHA Field Operations Manual Impacts Energy Industry

U.S. OSHA recently released its new Field Operations Manual (“Manual”), with several changes of particular importance to oil and gas operations. The Manual is the field guidance that directs the work of OSHA’s Compliance,...more

The Only Constant Is Change: Yet More Amendments to BC’s Workers Compensation Act

On October 7, 2015, we wrote about numerous changes that were being made to BC’s Workers Compensation Act (WCA) pursuant to Bill 9...more

"The MESS" - Your Bad Situation Could Only Get Worse: OSHA Plans To Raise Penalty Amounts By As Much As 80% - And Even If They...

"Gee, Sheriff, ain't this a mess?" "If it ain't, it'll do till the mess gets here." (Deputy to Sheriff (played by Tommy Lee Jones) in "No Country for Old Men") In my 28 years practicing law and serving as in-house...more

Judge chides employer that countersued against employee for making allegedly “false” safety complaint to Ministry of Labour

Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated. An employee, who worked for an electrical contractor...more

Working with Union Experts After an Accident: A Federal Appeals Court Sides with the Union’s Right to Inspect Over the Employer’s...

A federal appellate court in the Midwest suggests that while unions do not have blanket approval to inspect an employer’s worksite, the union’s interest in safety generally will outweigh an employer’s interest in...more

OSHA Penalties to Increase in 2016

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. The Federal Civil Penalties Inflation Adjustment Act...more

SuperVision Today - November 2015

Notes from the Chair and Executive Editor - Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year...more

More Dope On OSHA's New Weighted Inspection Process

We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?”   A BNA piece tonight summed up the...more

OSHA Targets More Manufacturing Industries For Amputation Inspections

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries, primarily in manufacturing, that are targeted for...more

OSHA Releases New Field Operations Manual with Increased Penalty Authority, Inspector Discretion, and Industry Coverage

U.S. OSHA recently released its new Field Operations Manual (“Manual”). The Manual is the field guidance that directs the work of OSHA’s Compliance, Safety & Health Officers (“CSHOs”) commonly referred to as “OSHA...more

Reducing the Proportion of Nuclear Energy in France: The Legal Weaknesses of an Electoral Promise

As one of the main measures contributing to the creation of a new French energy model, the energy transition law of 17 August 2015, caps the proportion of electricity to be produced from nuclear plants....more

Caution: Your Workplace Accident Investigation May Be Used Against You!

Last week, I posted about OSHA’s expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to OSHA electronically...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

AgriBiz Alert: OSHA Targets Agribusiness Industry with New Citations

In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them....more

Statistics on Workplace Fatalities

Half a century ago, approximately 14,000 workers were killed on the job. However, after the creation of the Occupational Safety and Health Administration (OHSA) and the resulting policies that were implemented, working...more

The Truth Will Set (And Keep You) Free - Making False Statements to an OSHA Inspector Can Result in Criminal Charges

On April 6, 2015, the United States Department of Justice charged a roofing contractor doing business in Alabama with making false statements and lying to OSHA inspectors in connection with an incident investigation at one of...more

Risk or Reward? Using Drones on Your Construction Project

In this week’s issue of ENR, technology writer Luke Abaffy details the use of drones by Minnesota Department of Transportation (MnDOT) to conduct bridge inspections....more

PHMSA Announces Proposed Pipeline Safety Regulations

On October 1, 2015, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting...more

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

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