Safety Violations

News & Analysis as of

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

OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations...more

Consumer Products: The CPSC Files Suit Seeking Civil Penalties Against Michaels Stores for Failures of Reporting and Material...

Last week, the U.S. Department of Justice, on behalf of the United States Consumer Product Safety Commission (CPSC), filed suit against Michaels Stores, Inc. (“Michaels”) in the Northern District of Texas. United States of...more

Employers’ Safety Records Will Soon Be a Click Away

Employers should be aware of a proposed OSHA recordkeeping rule that is expected to be issued as a final rule this year. The proposed rule requires employers to electronically report to OSHA data on serious workplace injuries...more

Australia: Sauber Motorsports’ failed legal challenge sees driver Giedo van der Garde racing in Formula 1

On Monday 9 March 2015, F1 team Sauber launched a legal challenge in the Victorian Supreme Court to a previous decision by a Swiss arbitration court. The previous decision ruled that Sauber must uphold its contractual...more

Ministry of Labour sued for hiring allegedly incompetent inspector

The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold collapse that resulted in Metron Construction being fined $750,000.00 for safety violations....more

Saskatchewan Introduces Ticketing System for Certain Workplace Safety Violations

As of July 1, 2014, Saskatchewan employers who violate certain occupational health and safety laws may be issued a Summary Offence Ticket, which carry fines ranging from $250 to $1,000, depending on the offence (plus victim...more

Worker, Caught By MOL Inspector, Given Significant Fine For Safety Violation

An Ontario construction worker has been fined $1,500.00 after jumping from a hoist tower to a nearby roof. Unfortunately for the worker, a Ministry of Labour inspector saw him do it. ...more

Supervisor Jailed 45 Days For Occupational Health And Safety Act Violation

An Ontario supervisor has been jailed for 45 days after a worker fell off a roof and suffered permanent paralysis. Are courts growing increasingly comfortable jailing supervisors for serious safety violations?...more

India’s Aviation Safety Rating Downgrade Could Have Cascading Effects

On January 31, 2014, the U.S. Federal Aviation Administration (FAA) downgraded India’s aviation safety rating to Category 2 under the FAA’s International Aviation Safety Assessment (IASA) program – a program designed to...more

Company Owner Sentenced 10-20 Years for Workplace Safety Violations

In November, a New Hampshire court sentenced the owner of a gunpowder manufacturing company to 10-20 years in prison for manslaughter based on workplace safety conditions that led to the deaths of two employees. OSHA...more

OLRB Has No Authority To Order Government Investigation Of Safety-Reprisal Complaint

The Ontario Labour Relations Board has held that it has no authority to order the Ontario Ministry of Labour to conduct an investigation into an employee’s safety-reprisal complaint, nor could the OLRB base its decision on...more

Wal-Mart Agrees to Precedent-Setting Corporate-Wide Settlement with OSHA Over Shopping Cart Full of Violations

The Occupational Safety and Health Administration (OSHA) announced Wal-Mart Stores, Inc.'s corporate-wide settlement agreement with the U.S. Department of Labor ("settlement") on August 7, 2013. The announcement was made by...more

Five of the All-Time Biggest Whistleblowers

From preventing human beings from being used like laboratory animals to revealing multi-million dollar price fixing, whistleblowers often sacrifice their careers and even their lives to reveal the truth. Here are five...more

Arizona Commercial Vehicles Deemed Unsafe By State

The Arizona Department of Public Safety has sidelined 140 commercial vehicles after finding their safety standards lacking, following a three-day enforcement effort along Interstate 40 last month. ...more

Australia: Safety First: Adverse Action in the context of work health and safety

SUMMARY - The recent Federal Court decision in AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525 demonstrates the careful balancing act an employer faces when disciplining an employee for misconduct where the...more

Part-Owner Of Company Convicted, Fined Personally Under OHSA

Company owners are not immune from potential convictions and fines under workplace safety laws....more

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

Waste Disposal - A Case Study: Tolls to Help Mitigate Critical Risks

In This Presentation: - I. Case Study – What Should Happen - II. Case Study – What Really Happened - III. TCEQ Regulatory Enforcement - IV. TCEQ Regulatory Outcome - V. Generator's Response - VI. Legal...more

Immigrants Await Results of Suit Against U.S. and Jefferson County, Illinois

It has now been more than two months since the National Immigrant Justice Center (“NIJC”) filed a lawsuit against officials of U.S. Immigration and Customs Enforcement (“ICE”) and Jefferson County, Illinois relating to the...more

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