News & Analysis as of

Workplace Safety Occupational Safety and Health Administration Criminal Prosecution

Fisher Phillips

Top 10 Workplace Law Predictions for 2024

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It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Parker Poe Adams & Bernstein LLP

Business Owner Pleads Guilty to Manslaughter Charges Following Fatal Trench Collapse

Last month, the owner of a Colorado construction company pled guilty to criminal manslaughter charges following the death of an employee as the result of a trench collapse. According to the federal Occupational Safety and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Hahn Loeser & Parks LLP

OSHA Announces Enhanced Nationwide Enforcement on Trenching

There have been 22 trenching and excavation fatalities in the first six months of 2022 compared to 15 in all of 2021. Given this alarming increase, OSHA announced the launch of an “enhanced enforcement initiative” to...more

Parker Poe Adams & Bernstein LLP

OSHA Notes Increase in Criminal Prosecutions

Last month, a Colorado business owner was sentenced to 10 months in prison following the death of one of his workers in a trenching accident. The deceased employee had not been trained in appropriate trenching techniques, and...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - May 2021 #3

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House Education and Labor Committee Chair Robert C. Scott (D-VA) issued a statement on May 18 criticizing the Biden Administration’s decision to use “the honor system” to report coronavirus vaccination status. He said, “One...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Criminal Enforcement/Lead Based Paint Rules: U.S. Department of Justice Announced Sentencing of Washington, D.C., Individual for...

The United States Department of Justice (“DOJ”) issued a January 16th news release stating that a Washington, D.C. individual had been sentenced in the United States District Court for allegedly violating the Toxic Substances...more

Fisher Phillips

Criminal Charges For OSHA Violations? State Prosecutors Are Taking Increased Interest

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Most employers are aware that the Occupational Safety and Health Administration can issue monetary penalties for health and safety violations occurring in the workplace. Many employers also know that in particular...more

Husch Blackwell LLP

Yes, OSHA Violations Can Send You To Jail

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Can mis-steps with OSHA land you in jail? Several recent cases are a reminder that the risk is real. While OSHA rarely makes a criminal case out of safety violations, it does pursue criminal charges when people mislead the...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

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

Tarter Krinsky & Drogin LLP

Construction Safety: Lessons From 2016 and Remedies in 2017

While each year there are reports and statistics regarding the annual number of construction accidents and fatalities in New York City, 2016 will likely be remembered as the year when a construction accident could, and did,...more

Seyfarth Shaw LLP

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

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Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

BakerHostetler

Departments of Justice and Labor Announce Initiative to Provide for Significantly Increased Criminal Penalties for Workplace...

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On December 17, 2015, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced an expansion to the Worker Endangerment Initiative intended to increase the frequency and effectiveness of criminal...more

Perkins Coie

Worker Endangerment Initiative May Increase Criminal Prosecutions of Worker and Health Safety Violations

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The U.S. Department of Justice issued a Memorandum to all U.S. Attorneys and entered into a Memorandum of Understanding (MOU) with the U.S. Department of Labor on December 17, 2015 to bolster the federal government’s arsenal...more

Robinson+Cole Manufacturing Law Blog

DOJ to Increase and Strengthen Criminal Worker Safety Prosecutions

With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations. In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced...more

Littler

OSHA and MSHA Criminal Prosecutions – DOJ Announces New Procedures After CEO Verdict

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On December 17, 2015, the U.S. Departments of Justice (DOJ) and Labor (DOL) announced a new memorandum of understanding (MOU) to increase the frequency and effectiveness of criminal prosecutions of so-called worker...more

Alston & Bird

DOJ Redoubles Efforts to Prosecute Workplace Violations as Environmental Crimes

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Reporting that 13 workers in America die each day on the job due to injuries and 150 workers succumb to exposure to carcinogens and other toxic and hazardous substances while working, the United States Department of Justice...more

Adams and Reese LLP

Criminal Prosecutions and Workplace Safety

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On September 15, 2015, we wrote an OSHA Bulletin that summarized a memorandum issued by Deputy Attorney General Yates. You can read the Bulletin here. On December 17, 2015, Yates issued another memorandum that will impact all...more

Katten Muchin Rosenman LLP

DOJ and DOL Expand and Promote the Worker Endangerment Initiative

The US Department of Justice (DOJ) has announced an expanded national initiative to pursue criminal charges in cases involving worker endangerment. Deputy Attorney General Sally Quillian Yates directed all 93 United States...more

Bracewell LLP

U.S. Department of Justice Expands Worker Endangerment Initiative

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On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to...more

Beveridge & Diamond PC

New DOJ Prosecutorial Initiative Blends Environmental and Worker Safety

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Companies with Occupational Safety and Health Administration (OSHA) citations may face criminal charges going beyond those allowed under the OSHA statute, under a new Worker Endangerment Initiative and Memorandum of...more

Adams and Reese LLP

OSHA Violations: Managers and Others May Have Personal Civil and/or Criminal Liability

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Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though...more

Carlton Fields

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

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According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

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