Litigation and COVID-19: How to Protect Your Business in This Time of Crisis
The Occupational Safety and Health Administration (OSHA) defines a "willful" violation as one where the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety....more
In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more
Federal OSHA (“Fed OSHA”) has long had a Severe Violators Enforcement Program (“SVEP”), intended to target employers who demonstrate “indifference to their OSH Act obligations by willful, repeated, or failure-to-abate...more
As we head into 2023, employers can expect to see more aggressive OSHA enforcement. BNA reported that the number of OSHA inspectors grew 19% in the fiscal year 2022. This was not surprising given the significant increase to...more
The Occupational Safety and Health Administration (OSHA) has increased its minimum and maximum penalties for workplace safety and health violations by 7.7 percent effective January 17, 2023. Today, a “serious” violation...more
In an announcement that expands the criteria for entry into the Occupational Safety and Health Administration’s (OSHA) Severe Violator Enforcement Program, OSHA has signaled that it is making enforcement a priority and that...more
Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more
On September 27, 2021, Governor Newsom signed SB 606, which creates two new categories of Cal/OSHA violations: “enterprise-wide” violations and “egregious” violations. The new law expands Cal/OSHA’s citation authority and...more
On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more
Seyfarth Synopsis: The Department of Labor and Industries (L&I) issued its first citation against an employer for violating Washington’s Safe Start Order....more
NC-OSHA is a solid state-OSHA plan. They believe that their approach best reflect the needs of their citizens and challenged the Obama era Fed-OSHA when they felt that Fed demands were punitive and counterproductive. The...more
The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643...more
Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more
A recent decision by the Eleventh Circuit held that the Occupational Health and Safety Administration (OSHA) was justified in assessing a “willful” safety violation–the agency’s most serious citation–against an HVAC...more
It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more
Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s...more
A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more
Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards...more