News & Analysis as of September 21, 2024

Occupational Safety and Health Administration › Enforcement Actions

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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 -

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

Benesch on 7/25/2024

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

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Wiley Rein LLP on 7/11/2024

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more

The Saiber Construction Law Column: April 2024

Saiber LLC on 5/8/2024

As set forth on its website, the Occupational Safety and Health Administration (“OSHA”) was created in 1970 “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing...more

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

Conn Maciel Carey LLP on 3/27/2024

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

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

Conn Maciel Carey LLP on 3/18/2024

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

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

Fisher Phillips on 1/12/2024

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

OSHA and the NLRB Partner to Coordinate Enforcement Actions

Maynard Nexsen on 11/16/2023

On October 31, 2023, the Occupational Safety and Health Administration (OSHA), the federal government agency that enforces workplace safety standards, and the National Labor Relations Board (NLRB), which enforces labor laws,...more

OSHA Enforcement: Warren, Ohio, Battery Cell Manufacturing Plant Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/26/2023

The Occupational Safety and Health Administration (“OSHA”) issued an October 12th news release addressing Ultium Cells LLC (“UC”). UC is described as a Warren, Ohio, battery cell manufacturing plant....more

OFCCP Week In Review: October 2023 #3

DirectEmployers Association on 10/17/2023

Sunday, October 1, 2023: OFCCP Discrimination Enforcement Statistics Hit New Lows - As federal Fiscal Year 2024 began on October 1, Fiscal Year 2023 ended on a down note for OFCCP as its enforcement statistics went even...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Ethylene Oxide/OSHA Enforcement: Proposed Penalties for Verona, Missouri, Chemical Plant

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/26/2023

The Occupational Safety and Health Administration (“OSHA”) issued a July 11th news release stating that it was undertaking enforcement against BCP Ingredients Inc. (“BCPI”). BCPI is stated to operate a chemical plant in...more

Oregon OSHA Penalties Skyrocket (SB 592)

Jackson Lewis P.C. on 6/12/2023

With the recent passage of Senate Bill 592, the Oregon Legislature has dramatically augmented the range of civil penalties on employers who violate Oregon Safe Employment laws. Previously, Oregon law imposed only the minimum...more

OSHA Cites Dollar General Again for Alleged Fire Hazards

Parker Poe Adams & Bernstein LLP on 4/14/2023

Those of us who deal with the Occupational Safety and Health Administration (OSHA) have watched with interest the agency’s ongoing enforcement efforts against the Dollar General retail chain. Since 2017, OSHA has assessed...more

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

Spilman Thomas & Battle, PLLC on 4/6/2023

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

Repeat Fall Protection Violations Result in $687K Penalty

Parker Poe Adams & Bernstein LLP on 2/10/2023

In recent years, we have written extensively about the huge increases in fines and other penalties assessed by the federal Occupational Safety and Health Administration (OSHA). These fines are multiplied in situations where...more

Third Circuit Limits Employee Private Right of Action Under OSH Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/9/2023

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more

OSHA Increases Maximum Penalties and Announces Significant New Enforcement Policies

Steptoe & Johnson PLLC on 2/7/2023

The Occupational Safety and Health Administration (OSHA) increased the maximum penalty amount for serious and other-than-serious violations to $15,625 per violation effective January 15, 2023. Only eleven days later, OSHA...more

OSHA Announces New Enforcement Guidance: Application of Instance-By-Instance Penalty Adjustments

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/3/2023

OSHA Announces New Enforcement Guidance: Application of Instance-By-Instance Penalty Adjustments The Occupational Safety and Health Administration (“OSHA’) announced in a January 26th news release new guidance for Regional...more

OSHA - What Happened in 2022 and What to Expect in 2023

Stinson LLP on 1/10/2023

In 2022, health and safety agencies' focus continued to shift away from the near-constant COVID-related discussions of the past few years. COVID-19 is not in the rearview mirror, but the Biden Administration's comprehensive...more

OSHA Adds $2.7 Million in Fines One Month After Assessing Employer for $1.6 Million

Parker Poe Adams & Bernstein LLP on 11/11/2022

In recent months, EmployNews has reported on the dramatic increase in penalties assessed by the federal Occupational Safety and Health Administration (OSHA) in situations where the agency believes that employers are not...more

OSHA Enforcement: Manchester, Connecticut, Environmental Laboratory Proposed Penalties for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/4/2022

The Occupational Safety and Health Administration (“OSHA”) issued a September 16th news release stating that it is proposing penalties for Phoenix Environmental Laboratories, Inc. (“Phoenix”) for alleged violations. The...more

When Is ‘Too Hot’ Actually Too Hot to Work? OSHA Cites Contractor After Florida Farm Worker Fatality

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/16/2022

On August 12, 20222, the Occupational Safety and Health Administration (OSHA) issued a citation to a farm labor contractor alleging violations for exposing workers to high ambient outdoor heat following the death of a worker...more

Employees Confronting Shoplifters Can Result in Significant OSHA Citations

Parker Poe Adams & Bernstein LLP on 8/5/2022

Last month, the federal Occupational Safety and Health Administration (OSHA) announced a $330,000 penalty assessed against Family Dollar following the death of an employee involved in a shoplifting incident. OSHA...more

Long-Term Care Facilities Brace for Additional OSHA Inspections Under Extended COVID-19 NEP

Arnall Golden Gregory LLP on 7/13/2022

The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022, that it was extending “until further notice” its revised COVID-19 National Emphasis Program (“NEP”), which had been set to expire on July...more

OSHA Enforcement: Proposed Citation to Atlanta, Georgia, Recycling Company

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/28/2022

The Occupational Safety and Health Administration (“OSHA”) issued a June 22nd news release stating it is proposing citations to TAV Holdings, Inc. (“TAV”). TAV is described as a recycling company operating a facility...more

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