Safety Violations

News & Analysis as of

Top 10 OSHA Violations of 2016

Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot...more

[Webinar] New OSHA Requirements Apply to You and You May Not Know It - March 22nd, 12:00pm Eastern

Please join us on March 22 at noon Eastern Time for a 30 minute webinar presented by James Céspedes and Steven Adelman about the applicability of OSHA to your business. James and Steve will tell you all that you need to know...more

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

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

Fines Increase One Percent for Workplace Safety Violations

If a one-percent increase in maximum fines doesn’t dissuade employers from committing worker safety and health violations, then we don’t know what does. OSHA’s and MSHA’s higher penalties became effective January 13th, but it...more

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that...more

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...more

Cal/OSHA Amendment Significantly Expands its Definition of “Repeat” Violations

Effective January 1, 2017, Cal/OSHA will be utilizing a broader definition of “Repeat” violation under California’s Health and Safety Code. This is significant for California employers because if Cal/OSHA finds a Repeat...more

[Webinar] OSHA Issues During Acquisitions and Divestitures - November 8th, 1:00p.m. EST

OSHA compliance issues have been long ignored in the due diligence process for mergers, acquisitions and divestitures. With OSHA’s new focus on follow-up inspections and Repeat citations, and expanding the concept of...more

Wisconsin Preemption Ruling Makes Our Cheese Curdle

A federal judge in Wisconsin issued an order a few weeks ago that covers two topics on which we often write—negligence per se and implied preemption. The two concepts are not unrelated. We most commonly see negligence per se...more

OSHA Details Federal Contractor Safety Violation Disclosures

Under the Fair Pay and Safe Workplaces executive order (E.O. 13,673), beginning in October 2017 federal contractors will have to begin disclosing a range of labor law violations when bidding for new federal work. These...more

41% Increase in Citations to Mine Operators

Special impact inspections in July that covered 13 states resulted in 161 citations, the Mine Safety and Health Administration has announced. This is a 41-percent increase from the 114 citations issued the previous month....more

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal...more

Employer loses wrongful dismissal case after court finds safety rules unclear

An employer has lost a wrongful dismissal case after a court found that its safety rules, which it alleged the employee violated, were unclear and not clearly-communicated. The employee worked at a solid waste facility...more

Maximum OSHA Fines for Safety Violations Increase by 78%

The first increases to Occupational Safety and Health Administration fines for violations of safety regulations since 1990 went into effect on August 1, 2016. The increases are substantial: the maximum penalties have...more

Penalties for OSHA Non-Compliance Just Got Stiffer

On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. The Act requires numerous federal enforcement agencies, including OSHA, to substantially...more

August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements...more

OSHA Update: OSHA Fines Set to Increase 78% August 1, 2016

As we mentioned previously, Congress has allowed federal agencies, including OSHA, to increase their penalty structures in order to keep up with inflation. OSHA recently has announced that it will do just that. Effective...more

Final Update: OSHA Finalizes New Maximum Civil Penalties

Seyfarth Synopsis: OSHA finalized a 78% increase to per violation penalties. In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil...more

OSHA Announces Massive Penalty Increases (and for other Agencies)

We know that you’re tired of hearing about major new federal Employment law changes but an unusually important announcement came out yesterday. OSHA has released details on the penalty increases effective August 1, 2016, but...more

Construction Contractor Faces Manslaughter Charge in Worker’s Death

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

Mine Commission Upholds Safety Agency’s Demand for Records in Split Decision

The Federal Mine Safety and Health Review Commission has upheld a judge’s decision favoring the government over a Western Kentucky coal operator who had refused to honor a directive to provide federal authorities with a...more

Arbitrators Have Inherent Authority To Award Punitive Damages

In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it...more

Citing Mine Inspector’s ‘Animus,’ Judge Softens Tough Enforcement Action

Convinced that the tough enforcement action brought against a West Virginia coal operator by an inspector for the Mine Safety and Health Administration was influenced by a long-standing grudge the inspector held toward the...more

Safety Agencies Expect to Release 9 Rules This Year

The Occupational Safety and Health Administration has identified seven proposals the agency hopes to release as final rules before the end of the year, while the Mine Safety and Health Administration, its sister agency within...more

CPSC Announces Civil Penalty against Teavana; Commissioners Remain Divided on Civil Penalty Enforcement, Calculations, and...

On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve...more

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