Safety Violations

News & Analysis as of

Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation

The Massachusetts Appeals Court, in Downey, et al. v. Chutehall Construction Co., Ltd., 88 Mass. App. Ct. 795 (January 6, 2016), recently held that an oral waiver of compliance with the building code by a homeowner does not...more

A first for Alberta – Employer sentenced to corporate probation and community service for violating the Occupational Health and...

In a unique decision, an Alberta employer, Needoba Construction Ltd., which pleaded guilty to the general charge of failing to ensure, as far as it is reasonably practicable to do so, the health and safety of a worker, has...more

10 Most Common Workplace Injuries

According to the Occupational Safety and Health Administration, the number of work related fatalities has declined by more than 65 percent in the last few decades, and work related and illnesses have declined by an impressive...more

OSHA To Increase Maximum Civil Penalties in 2016

As employers look ahead to 2016, it will be important to consider the impact of Section 701 of the Bipartisan Budget Act of 2015 (H.R. 1314), which was signed into law by President Obama on November 2, 2015. This bill...more

Contractors can be Liable for Following Owners’ Directives

In Downey v. Chutehall Construction Co. (Lawyers Weekly No. 11-001-16), the Massachusetts Appeals Court ruled a contractor can be liable for violating building codes despite the fact that the party suing it directed the...more

OSHA and DOJ to Join Forces on Safety Violations/Penalties to Increase

Employers that violate safety-related laws are likely to face more aggressive enforcement and steeper penalties in the future under new legislation allowing the Occupational Safety & Health Administration (“OSHA”) to increase...more

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

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting...more

Director prosecution and conviction in New South Wales

The NSW work health and safety regulator has brought a successful prosecution against a company director resulting in a criminal conviction and fines against the director and the company. An order was also made requiring the...more

OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

An Administrative Law Judge has held that the Occupational Safety and Health Review Commission (OSHRC) “may have authority under the Occupational Safety and Health Act” to order abatement measures sought by the Occupational...more

Criminal negligence conviction for landlord who disregarded Fire Code violations, deceived fire inspector

An appeal court has upheld the conviction of a landlord for criminal negligence causing death after numerous Fire Code violations led to a tenant’s death.  The case demonstrates that violations of duties under provincial...more

New OSHA Penalty Maximums Take Effect by August 1, 2016

The recent federal budget compromise contains a potentially nasty surprise for some employers. The new law allows the Occupational Safety and Health Administration, among other federal agencies, to increase civil penalties...more

It’s Time to Review and Update Safety and Compliance Regimens – OSHA Penalties Set to Surge in 2016

For the first time since 1990, the Occupational Safety and Health Administration (OSHA) has been authorized to increase its civil penalties. The provision was inserted into the expansive Bipartisan Budget Act of 2015, which...more

OSHA Vows Continued Enforcement As Work Fatalities Rise

Secretary of Labor Thomas E. Perez has sworn to continue the Occupational Safety & Health Administration’s (“OSHA) stepped up enforcement campaign in the construction and oil and gas industries after newly released data...more

OSHA’s Top 10 Safety Violations for FY 2015

On September 29, 2015, OSHA issued its preliminary list of the agency’s top 10 cited standards for fiscal year 2015. The list was presented at the National Safety Council’s 2015 Congress & Expo in Atlanta, Georgia by Patrick...more

The November Surprise: OSHA Raises Penalties 82% And No One Notices

Employers woke up to a surprise on November 3. That’s when we learned that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes surprise provisions authorizing the...more

OSHA Penalties – After 25 Years There Will be an Increase

The new two-year bipartisan budget, signed by President Obama on November 2, 2015, allows (in fact requires) OSHA to raise its citation penalties for the first time in 25 years. Since 1990, OSHA has been one of only three...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

Catastrophic Accident Resulted in a Workplace Fatality — Does Not Automatically Mean There Was an OSHA Violation

The Occupational Safety and Health Administration (OSHA) is charged with enforcing the Occupational Safety and Health Act (OSHA Act), and its various regulations intended to keep employees safe in their workplaces. Failure to...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - October 2015

This edition of the Cozen O’Connor Aviation Regulatory Update reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s...more

The FAA’s Drone Dilemma: The Need for Regulation vs. Liberal Licensing

Perhaps no issue has drawn as much attention to the Federal Aviation Administration in recent months as its much anticipated final regulations for small unmanned aircraft systems (UAS), or drones, expected in the early part...more

MSHA Increases Scrutiny

If you operate or work at a metal/nonmetal mine be ready for significant changes on how the Mine Safety and Health Administration (MSHA) will enforce its workplace examination standards.The MSHA recently issued a policy...more

Pink Flamingos and the Compliance Audit

The creator of one of the most ubiquitous symbols of mid-century Americana died earlier this week. Don Featherstone, the creator of the pink plastic lawn flamingo, the ultimate symbol of American lawn kitsch, has died. He was...more

Former Safety Manager Charged in U.S. Workplace Death

A former Safety Manager in California is among those charged with “willfully violating worker safety rules”, allegedly causing the death of a worker. The former Safety Manager and the Director of Plant Operations of...more

N.C. Court of Appeals Speaks On "Violations" of Residential Rental Agreement Act

The North Carolina Court of Appeals reversed a trial court decision, rendered in the wake of a bench trial (i.e., tried without a jury), wherein the trial court held that a residential landlord violated the North Carolina...more

52 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×