News & Analysis as of September 21, 2024

Occupational Safety and Health Administration › Enforcement

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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 -

The Top 10 Takeaways for Businesses from the Supreme Court’s Three Big Administrative Law Decisions in 2024

Akin Gump Strauss Hauer & Feld LLP on 7/31/2024

Now that the dust has settled following the Supreme Court’s overhaul of administrative law through three late-term decisions, Akin litigators and policy advisors offer the most significant takeaways for businesses and...more

OSHA Enforcement: Franksville, Wisconsin Disposal/Recycling Company Proposed Penalties for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/25/2024

The Occupational Safety and Health Administration (“OSHA”) issued a July 18th news release stating that it had proposed penalties for alleged violations for John’s Disposal Service Inc. and John’s Recycling Inc. The...more

OSHA Enforcement: Houston, Texas Metal Powder Coating Company Proposed Penalties for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/16/2024

The Occupational Safety and Health Administration (“OSHA”) issued a July 1st news release stating that it had proposed penalties for alleged violations by Outdoor Furniture Refinishing, Inc. (“OFRI”). The news release...more

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

Bracewell LLP on 7/2/2024

The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative...more

Proposed Warehouse Worker Protection Act Could Have Major Implications for Businesses Employing Warehouse Workers

Foley & Lardner LLP on 5/29/2024

On May 2, 2024, Senators Edward J. Markey (D-Mass.), Tina Smith (D-Minn.), and Bob Casey (D-Pa.) introduced legislation they say will help protect warehouse workers from injury by placing limitations on, and requiring...more

OFCCP Week In Review - May 2024 #4

DirectEmployers Association on 5/29/2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

OSHA Enforcement: Commerce, Georgia, Electric Vehicle Battery Manufacturing Facility Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/6/2024

The Occupational Safety and Health Administration (“OSHA”) issued an April 8th news release describing a proposed penalty assessment for SK Battery America Inc. (“SK”). SK is described as a global electric vehicle battery...more

[Webinar] Environmental Inquiries and Inspections: Be Prepared to Respond - May 2nd, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on 4/19/2024

Whether it’s the Environmental Protection Agency, OSHA, or a state environmental regulator, facing an information request or site inspection can be unnerving. Join Goldberg Segalla partner Sarah B. Mangelsdorf as she reviews...more

MSHA Respirable Crystalline Silica Rule Clears OMB Review – Final Rule Is Imminent

Conn Maciel Carey LLP on 4/1/2024

We have an important update to share about the status of MSHA’s Respirable Crystalline Silica rulemaking, officially proposed as Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection....more

Employers Face Increased Risk of OSHA Violations

Venable LLP on 3/15/2024

The Department of Labor recently published the Solicitor of Labor’s (SOL) 2023 Enforcement Report, which provides insight into the Department’s initiatives and enforcement priorities for 2024. ...more

OSHA Enforcement: Atlanta, Georgia Chemical Manufacturer Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/14/2024

The Occupational Safety and Health Administration (“OSHA”) issued a March 8 news release and link to a Citation and Notice of Penalty for Southern Industrial Chemicals Inc. South Industrial Chemicals Inc. is stated to be...more

Silica/OSHA Enforcement: Selma, Alabama, Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2024

The Occupational Safety and Health Administration (“OSHA”) issued a February 27th news release addressing Henry Brick Co., Inc. (“HBCI”). The news release describes HBCI as a Selma, Alabama, brick manufacturer....more

Ammonia/OSHA Enforcement: Proposed Penalty Assessment for Madison, Wisconsin, Ice Cream Plant

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/19/2024

The Occupational Safety and Health Administration (“OSHA”) issued a January 29th news release addressing AJLS Enterprises Inc. (operating as Schoep’s Ice Cream) (“AJLS”) citing alleged violations. AJLS is described as...more

Department of Labor 2023 Enforcement Report – OSHA Insights

Hahn Loeser & Parks LLP on 2/9/2024

On January 26, 2024, the U.S. Department of Labor’s (“Department”) Office of Solicitor (“SOL”) published its FY2023 Enforcement Report (“Enforcement Report”). The report provides an insight into the Department’s labor and...more

OSHA Updates Process Safety Management Enforcement Manual

Cozen O'Connor on 2/2/2024

On January 26, 2024, OSHA published a revised enforcement manual for Process Safety Management of Highly Hazardous Chemicals (“Manual”). The Manual reflect OSHA’s first revisions to its prior directive issued in 1994 which is...more

OSHA Enforcement: Commerce, Georgia, Electric Vehicle Battery Manufacturing Facility Cited for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/2/2024

The Occupational Safety and Health Administration (“OSHA”) issued a January 17th news release stating it was proposing to assess penalties against SK Battery America Inc. (“SK”) for alleged violations. SK is described as a...more

OSHA Increases Maximum Civil Money Penalties to Start the New Year

Cozen O'Connor on 1/19/2024

Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the...more

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on 1/4/2024

Sometimes, the only constant is change. This New Year is no different. In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

NLRB, OSHA Pledge to Partner on Increased Enforcement Efforts

Miles & Stockbridge P.C. on 11/13/2023

The National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) recently entered into a new Memorandum of Understanding (MOU) under which the two agencies have agreed to work together to...more

OSHA Enforcement: Proposed Penalties Addressing National Tank Cleaning Company for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/7/2023

The Occupational Safety and Health Administration (“OSHA”) issued an October 23rd news release stating that it has cited Trimac Transportation, Inc. (“TTI”) for alleged violations. TTI is stated to operate as National Tank...more

2023 Update on Antitrust Enforcement in Labor and Employment

Foley & Lardner LLP on 10/24/2023

The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more

OSHA Enforcement: Houston, Texas, Glass Recycling Company Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/27/2023

The United States Occupational Safety and Health Administration (“OSHA”) issued a September 13th news release and link to a Citation and Notification of Penalty for Strategic Materials, Inc., d/b/a Strategic Materials...more

OSHA Issues Heat Hazard Alert and Steps Up Enforcement

Smith Gambrell Russell on 8/24/2023

OSHA has issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces. The Department also announced that it will intensify its...more

District of NJ: Federal Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Orders Under SOX

Proskauer - Whistleblower Defense on 7/26/2023

On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer’s motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that...more

OSHA Enforcement: Proposed Penalty Assessment Addressing Kenton, Ohio, Resin Manufacturing Facility

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/31/2023

The Occupational Safety and Health Administration (“OSHA”) issued a May 18th news release stating that it was issuing penalties for alleged violations to Durez Corp. (“Durez”). The news release describes the Durez facility...more

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