Law School Toolbox Podcast Episode 304: Introduction to the Bluebook
OSHA Pitfalls to Avoid in 2021
#WorkforceWednesday: OSHA Issues COVID-19 Citations, Michigan Enacts Liability Shield, and States Battle for Telecommuter Taxes - Employment Law This Week®
What Do We Do Now?! How to Handle an OSHA Inspection
There is no doubt that artificial intelligence now offers a powerful upside for high-level legal work. Since the widespread availability of generative AI, legal scholars, technologists, and product developers have...more
One not-so-great litigation trend in 2025 has been lawyers and even a few judges citing or relying on imaginary legal decisions created by generative artificial intelligence databases. This happens when someone asks one of...more
An v. Archblock, Inc., C.A. No. 2024-0102-LWW (Del. Ch. Apr. 4, 2025) - The Delaware Court of Chancery found that the authority cited in a pro se litigant’s motion to compel discovery was incorrect and apparently prepared...more
Do you verify every citation before filing? Should you? If an experienced partner prepares a document for your signature, do you check the citations? When supervising routine discovery motions, do you personally review every...more
The Johnson v. Dunn sanctions order proves that firm policies and experience aren’t enough—only rigorous verification prevents AI citation disasters...more
In the high stakes construction world, OSHA often issues citations for the lack of fall protection, scaffolding hazards, hazard communication failures, electrical hazards, and inadequate personal protective equipment (PPE)....more
A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share...more
After an employer has received a citation from the Occupational Safety and Health Administration, the informal conference process offers a path for potential settlement of the dispute. The informal conference can result in...more
In a significant decision regarding workplace inspections, the California Occupational Safety and Health Appeals Board (OSHAB) upheld citations against a California employer after finding the employer had consented to an...more
Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more
Year in and year out, the same 5 standards tend to be cited the most frequently in general industry inspections. While their placement in the Top 5 may vary from time to time, Lockout/Tagout, Hazard Communication, Respiratory...more
This is the twelfth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
This is a continuation of the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and...more
This is the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
A judge just dismissed a safety claim being prosecuted by North Carolina workplace safety officials after it was revealed at trial that NC OSHA inspectors had been shredding handwritten notes and other documents from their...more
Employers will face higher penalties for workplace safety violations in 2025 now that the U.S. Department of Labor has just published its listing of annual increases. These yearly increases to OSHA’s maximum civil penalties...more
Cal/OSHA is increasing its focus on enforcement of heat illness violations. On December 12, Cal/OSHA issued its first willful violation alleging Parkwood Landscape Maintenance (Parkwood) failed to comply with California Code...more
Just what does an OSHA citation have to include? Section 9(a) of the Occupational Safety and Health Act requires that citations “describe with particularity the nature of the violation, including a reference to the provision...more
In a first-of-its-kind ruling in Colorado, the Colorado Court of Appeals was faced with deciding whether to sanction a pro-se party for filing a brief containing AI-generated fictitious citations. The Court declined to...more
Following another close national election, President Trump returns to the White House for a second term, and resumes control over the vast Executive Branch bureaucracy, including the Department of Labor’s Occupational Safety...more
California legislators and regulators continue to create various challenges for warehouse owners and operators throughout the Golden State. Two recent developments in particular serve as stark reminders to owners and...more
What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the abatement...more
Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated. The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer...more
OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled...more
The vast majority of citations issued by the Occupational Safety and Health Administration involve accidents or negligent behavior that result in injury or illness resulting from inanimate objects, hazardous materials, or...more