News & Analysis as of

Occupational Safety and Health Administration › Defense Strategies

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
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

Cranfill Sumner LLP

Pour Decisions: The Intoxication Defense

Cranfill Sumner LLP on

What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more

Goldberg Segalla

[Webinar] Defending Against an OSHA Citation: The Unpreventable Employee Misconduct Defense - August 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

The Unavoidable Employee Misconduct defense can help an employer avoid liability for an OSHA citation, but only if it is applied correctly. Join OSHA attorneys Michael Rubin and Stefan Borovina for an interactive webinar on...more

Jackson Lewis P.C.

Can You Claim Employee Misconduct In An OSHA Citation?

Jackson Lewis P.C. on

When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind...more

Seyfarth Shaw LLP

Commission Confirms that Employers May Have Employee Misconduct Where Training of Safety Rule Was Verbal and On-the-Job

Seyfarth Shaw LLP on

Seyfarth Synopsis: Commission’s approval of undocumented training provides blueprint for employee misconduct claims for employers going forward....more

Seyfarth Shaw LLP

Class Action Survival Guide – The Top Five Things That Employers Need To Do In Defending Post-COVID-19 Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: As employers embark on reopening their businesses and implementing return to work plans, they face a potential wave of workplace class action litigation. Such lawsuits have begun to roll in and courts...more

Parker Poe Adams & Bernstein LLP

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

Parker Poe Adams & Bernstein LLP on

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more

Fisher Phillips

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

Fisher Phillips on

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

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

Out of Sight, Out of Mind...But Don’t Forget the Possibility of ACA Retaliation Claims

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

While many were hoping that the Affordable Care Act (ACA) would finally be dead by now, and others are lamenting the fact that the “repeal-and-replace” attempts have fallen by the wayside, we thought it may be worthwhile to...more

Burr & Forman

South Carolina court says 'NO' to employee's claims against Boeing

Burr & Forman on

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Fisher Phillips

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

Fisher Phillips on

One of the fascinating things about an OSHA citation defense practice is the distinctions you see in prosecution by Federal OSHA versus state plans. It is very unusual in the legal world to have the same laws enforced by...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide