When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door...more
In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced Thursday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more...more
The Department of Labor has just published its increases to the maximum civil penalties that can be assessed against employers by the U.S. Occupational Safety and Health Administration (OSHA). The increases are based on...more
A recent update from the Centers for Disease Control and Prevention (CDC) could eventually lead federal workplace safety authorities to conclude that employers have significant additional obligations when it comes to their...more
When an inspector from the Occupational Safety and Health Administration (OSHA) shows up at your workplace, know this: everything—and we mean everything—that a manager or supervisor says at any point to the inspector will...more
Every presidential administration has its priorities, and President Trump’s is no different. President Trump has put his stamp on the Occupational Safety and Health Administration (OSHA) by stalling, delaying, or modifying...more
Under the Occupational Safety and Health Act of 1970 (OSH Act), employers have a right to be given the opportunity to accompany an OSHA compliance safety and health officer (CSHO) during an inspection of the workplace.
In...more
An accident happens at your workplace, leading to an employee injury. During the hectic response, incorrect information funnels its way up to the safety director charged with notifying OSHA of reportable injuries and...more
The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more
3/27/2019
/ Citations ,
Defense Strategies ,
Employer Liability Issues ,
Federal Rules of Evidence ,
Inadmissible Evidence ,
Litigation Strategies ,
OSHA ,
Settlement Conferences ,
Settlement Offer ,
Trial Practice Guidance ,
Witness Statements ,
Workplace Injury ,
Workplace Investigations
An accident happens at your workplace, and an employee is injured. During the hectic response, incorrect information funnels its way up to the safety director or person charged with notifying OSHA of reportable injuries and...more
An accident happens and an employee is seriously injured and admitted to the hospital. Not only does the company need to conduct an investigation into what happened, but it must report the injury to OSHA as well. During its...more
While it is not comparable to David Letterman’s Top 10 lists, at a recent industry gathering, OSHA announced its annual top 10 violations for fiscal year 2018 (October 1, 2017, through September 30, 2018). For those who have...more
11/16/2018
/ Citations ,
Construction Industry ,
Construction Workers ,
Employer Liability Issues ,
General Contractors ,
OSHA ,
Popular ,
Safety Inspections ,
Safety Training ,
Safety Violations ,
Workplace Hazards ,
Workplace Safety
In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more
10/18/2018
/ Appeals ,
General Duty Clause ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury
At a recent national safety conference for the industry, the acting head of the Occupational Safety and Health Administration (OSHA) remarked that the agency is focusing on the use of peracetic acid in the poultry industry....more
It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more
After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more
8/3/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appointments Clause ,
Citations ,
Lucia v SEC ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
OSHRC ,
Securities and Exchange Commission (SEC)
It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it...more
Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late.
Employers Have 15 Working Days to...more
Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more
On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA’s new electronic recordkeeping...more
As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more
2/27/2018
/ Civil Liability ,
Concealed Weapons ,
Employees ,
Employer Liability Issues ,
Firearms ,
General Duty Clause ,
Gun Laws ,
Liability Insurance ,
Mass Shootings ,
Negligence ,
OSHA ,
Risk Assessment ,
Workplace Violence
On February 21, the Occupational Safety and Health Administration (OSHA) issued new interim enforcement procedures, provided below, regarding failure to submit electronic injury and illness records.
In 2016, OSHA adopted a...more
Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA...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
12/11/2017
/ Budget Cuts ,
Citations ,
Consultation ,
Electronic Reporting ,
Inspections ,
Investigations ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
Reporting Requirements ,
Safety Standards ,
Silica ,
Trump Administration ,
Willful Violations ,
Workplace Exam Standards ,
Workplace Safety