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Citations Appeals

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Fisher Phillips on

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

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

Mine Safety and Health Administration Act Enforcement: Federal Appellate Court Addresses Application of Methane Safety Regulations

Co-Author: Elizabeth Strickland The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a June 16th decision certain Mining Safety and Health Administration (“MSHA”) regulations. See Peabody Midwest...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Fisher Phillips

Frequently Asked Questions for Employers About OSHA

Fisher Phillips on

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

Hendershot Cowart P.C.

How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest

Hendershot Cowart P.C. on

You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Seyfarth Shaw LLP

Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more

ArentFox Schiff

OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard

ArentFox Schiff on

Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more

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

Workplace Safety in California, Episode 2: All About Cal/OSHA Citations

In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the critical steps for employers to consider after Cal/OSHA issues a citation. Topics include strategies for responding to and...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more

Shutts & Bowen LLP

The Rules, They Are A Changin’: Recent Amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial...

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Several significant amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration will take effect on January 1, 2019. These amendments were outlined in three recent Florida Supreme...more

McManis Faulkner

Citation to Unpublished Cases: A Brief Comparison of Federal And California Practices [Part 3 of 5]

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Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Carlton Fields

Three Ways To Annoy An Appellate Court Clerk – And Jeopardize Your Appeal

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Appellate advocates should write briefs that make life easier for law clerks and judges. That will increase their chances of prevailing on appeal. With that in mind, we recently conducted an informal survey of our firm’s...more

Husch Blackwell LLP

Eight Circuit Pushes ALJ’s Reasoning Over The Highwall

Husch Blackwell LLP on

Here’s an all-too-familiar story with an all-too-uncommon ending. An MSHA inspector saw equipment positioned a certain way, assumed that someone had used it unsafely in that position, and issued a citation. A judge then...more

Fisher Phillips

MSHA Citations Upheld by Administrative Law Judges Before April 3, 2018 May Be Invalid

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Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more

Fisher Phillips

Can OSHA Look Back Farther than 5 Years for Repeat Citations? Recent Court Decision Reaffirms that there Is No Limitation on...

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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

Fisher Phillips

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

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The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Ruder Ware

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

Ruder Ware on

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

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