News & Analysis as of

Citations Employer Liability Issues

Bradley Arant Boult Cummings LLP

No. 4 of 10 Things Every Employer Should Know About OSHA: OSHA Must Issue a Citation Within Six Months

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

Parker Poe Adams & Bernstein LLP

OSHA Cites Convenience Store Following Robbery and Shooting

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

Benesch

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

Benesch on

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more

Conn Maciel Carey LLP

[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement - October 22nd, 1:00 pm ET

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Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more

Poyner Spruill LLP

OSHA’s Top Ten

Poyner Spruill LLP on

OSHA has released its “Top Ten” list of the most cited safety violations of last year.  The largest number of violations were observed in the Construction Industry.  The Top Ten include...more

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

Fisher Phillips

Is My Employee’s French Lavender Pumpkin Cinnamon Swirl Air Freshener a Workplace Safety Violation? 5 Steps to Avoid a Fragrance...

Fisher Phillips on

Those in your workplace who use air fresheners are likely confident they are doing everyone a favor – but could an office air freshener actually lead to an OSHA citation against your organization? Read on to find the...more

Fisher Phillips

OSHA Penalties Automatically Increase, Putting Pressure on Employers to Comply with Workplace Safety Obligations

Fisher Phillips on

Employers should be aware of higher penalties for workplace safety violations that the U.S. Department of Labor has just published. These are the yearly increases to the maximum civil penalties that the Occupational Safety...more

Troutman Pepper

Massachusetts AG Announces $1.3M in Citations Against Local Company for Wage Violations

Troutman Pepper on

Massachusetts Attorney General (AG) Andrea Campbell recently announced a number of citations against Quick Temp., Inc. (the company), its owner, and its manager, for alleged wage, sick time, and records violations....more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part 4: No Hazardous Activity in Plain View During the Inspection

Fisher Phillips on

With maximum limits for Occupational Safety and Health Administration (OSHA) penalties increasing every year, knowing what to do when OSHA arrives at your door is more important than ever. That’s why we’re releasing this...more

Seyfarth Shaw LLP

Be Ready to Defend the Castle: Employers Need a Written OSHA Inspection Management Policy

Seyfarth Shaw LLP on

Federal OSHA conducted 24,333 onsite inspections in 2021, resulting in thousands of citations. Make no mistake, OSHA (and especially Cal/OSHA) have been gearing up with a new generation of compliance officers, training them...more

Jackson Lewis P.C.

Contested Safety Citation Struck Down as OSHA Fails to Make Its Case

Jackson Lewis P.C. on

Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission...more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part Three: Escort Your Inspector Straight To and From the...

Fisher Phillips on

With maximum limits for Occupational Safety and Health Administration (OSHA) penalties increasing every year – currently over $15,000 for serious/other than serious citations and more than $150,000 for a repeat and willful –...more

Fisher Phillips

Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

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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

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

Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties

Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region...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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

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

Nevada OSHA’s New Increased Penalties and Targeted Inspections

The Nevada Occupational Safety and Health Administration (NV OSHA) recently announced an increase in penalties for workplace safety violations, as well as a renewed focus on specific industries for inspections. The new...more

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

Ogletree Deakins OSHA Tracker City Feature: Houston and San Antonio Top the List in Texas

“There are three kinds of lies: Lies, Damned Lies, and Statistics” has famously been attributed to Mark Twain, who himself attributed it to British Prime Minister Benjamin Disraeli. Data, however, never lies....more

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

Ogletree Deakins OSHA Tracker City Feature Shines Light on Reno, Nevada Citations

Ogletree Deakins’ OSHA Tracker shows that the Occupational Safety and Health Administration (OSHA) conducted 988 inspections in Nevada in 2022, of which 2.5 percent resulted in citations. Reno, with twenty-seven citations,...more

Cozen O'Connor

Fifth Circuit to Review OSHA’s Unpreventable Employee Misconduct Defense

Cozen O'Connor on

Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative...more

Robinson+Cole Manufacturing Law Blog

OSHA to Expand the Use of Instance-by-Instance Penalties

At the end of March, a new OSHA policy will go into effect expanding penalties for instance-by-instance (IBI) citations. The move signals OSHA’s stated commitment to increased enforcement in 2023 and beyond....more

Spilman Thomas & Battle, PLLC

Construction Employers: Beware the Ides of March

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected...more

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

OSHA’s ‘Site-Specific Targeting Inspection’ Program for Nonconstruction Employers Continues Under New Directive

The new year began with the Occupational Safety and Health Administration (OSHA) clearly establishing that it is focusing on enforcement in 2023. After announcing that it is expanding its instance-by-instance citation policy...more

Pillsbury Winthrop Shaw Pittman LLP

OSHA Enforcement Guidance Could Subject Employers to More Citations

The Occupational Safety and Health Administration (OSHA) can now issue separate citations for each instance of an alleged high-gravity serious violation. OSHA is also encouraged to issue multiple violations instead of...more

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