News & Analysis as of

Occupational Safety and Health Administration › Willful Violations

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 -
Hendershot Cowart P.C.

What Is OSHA's Definition Of A “Willful” Work Safety Violation?

Hendershot Cowart P.C. on

The Occupational Safety and Health Administration (OSHA) defines a "willful" violation as one where the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety....more

Hendershot Cowart P.C.

DOL’s Legal Team & OSHA Step Up Enforcement For Repeat & Willful Violations

Hendershot Cowart P.C. on

In her 2023 Enforcement Report, Solicitor of Labor Seema Nanda revealed enhanced coordination with OSHA to hold employers and supervisors accountable for repeat and willful violations, especially those that lead to worker...more

Parker Poe Adams & Bernstein LLP

OSHA Increases Civil Penalty Amounts Based on Inflation

Parker Poe Adams & Bernstein LLP on

Earlier this month, the U.S. Occupational Safety and Health Administration announced that maximum civil penalties for serious violations would increase from $15,625 to $16,131. The penalties for repeat or willful violations...more

Snell & Wilmer

Nevada OSHA Adopts New, Punitive ''Severe Violators Enforcement Program''

Snell & Wilmer on

Federal OSHA (“Fed OSHA”) has long had a Severe Violators Enforcement Program (“SVEP”), intended to target employers who demonstrate “indifference to their OSH Act obligations by willful, repeated, or failure-to-abate...more

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

Oregon Increases Penalties for Workplace Safety Violations

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

On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more

Cozen O'Connor

Get Ready For More OSHA Inspections, Citations, and Greater Penalties

Cozen O'Connor on

As we head into 2023, employers can expect to see more aggressive OSHA enforcement. BNA reported that the number of OSHA inspectors grew 19% in the fiscal year 2022. This was not surprising given the significant increase to...more

Jackson Lewis P.C.

New OSHA Enforcement Guidance Promises Steeper Penalties for Employers

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has announced two enforcement guidance changes with the goal of deterring violations by substantially increasing the penalties certain employers may face for alleged...more

Jackson Lewis P.C.

OSHA Increases Penalties for 2023

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has increased its minimum and maximum penalties for workplace safety and health violations by 7.7 percent effective January 17, 2023. Today, a “serious” violation...more

Fox Rothschild LLP

Inflation Juices Annual Increases in US Department of Labor Civil Monetary Penalties

Fox Rothschild LLP on

It’s not only the cost of eggs that is increasing. The U.S. Department of Labor (DOL) has published in the Federal Register the annual increases in civil money penalties required by the Federal Civil Penalties Inflation...more

Beveridge & Diamond PC

OSHA Expands Criteria for Severe Violator Enforcement Program

Beveridge & Diamond PC on

In an announcement that expands the criteria for entry into the Occupational Safety and Health Administration’s (OSHA) Severe Violator Enforcement Program, OSHA has signaled that it is making enforcement a priority and that...more

Constangy, Brooks, Smith & Prophete, LLP

Insult To Injury

Constangy, Brooks, Smith & Prophete, LLP on

If you weren’t already concerned about the rate of inflation, its effect has produced another blow in the OSHA world. Under the terms of the 2015 Inflation Adjustment Act, the U.S. Department of Labor has once again made the...more

Venable LLP

Fifth Circuit to Employers: "Your Past May Haunt You"

Venable LLP on

Every employer understands the importance of actively ensuring employee safety and compliance with Occupational Safety and Health Act (OSH Act) standards, but a recent federal appeals court decision provides additional...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor

Husch Blackwell LLP on

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Fisher Phillips

NC-OSHA Willful Citations Remind Employers to Know the Legal Aspects of Citations.

Fisher Phillips on

NC-OSHA is a solid state-OSHA plan. They believe that their approach best reflect the needs of their citizens and challenged the Obama era Fed-OSHA when they felt that Fed demands were punitive and counterproductive. The...more

Fisher Phillips

Indiana Considers $100,000 Fine for Workplace Fatalities

Fisher Phillips on

Indiana GOP lawmaker and Chamber of Commerce join forces to support a bill to require a penalty for workplace fatalities of $100,000 per employee killed. House Bill 1341, authored by GOP lawmaker Martin Carbaugh, was filed on...more

Dorsey & Whitney LLP

The Anatomy of Corporate Criminal Liability: Appellate Court Sustains Organizational Conviction and Imposition of Maximum Penalty...

Dorsey & Whitney LLP on

In recent years the buzz in organizational criminal liability has come from so-called “individual liability” for acts of corporate wrongdoing—the idea that managers and employees are not immune from individual prosecution for...more

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

Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

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

The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Parker Poe Adams & Bernstein LLP on

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Saul Ewing LLP

Foreman’s Ignorance of OSHA Rules is No Defense to “Willful” Violation

Saul Ewing LLP on

A recent decision by the Eleventh Circuit held that the Occupational Health and Safety Administration (OSHA) was justified in assessing a “willful” safety violation–the agency’s most serious citation­–against an HVAC...more

Fisher Phillips

8 For ‘18: 8 Things for Employers to Look For from OSHA and MSHA in 2018

Fisher Phillips on

It’s that time of year again: for employers to celebrate the successes of the prior year and make plans and resolutions for the new one. But OSHA and MSHA are making New Year’s resolutions, too, and employers are well-advised...more

Foley & Lardner LLP

One of Our Employees Died at Work – Am I Going to Jail?

Foley & Lardner LLP on

Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

Weintraub Tobin

Things You Hope You Will Never Need to Know: Liability Arising from Serious Workplace Injury

Weintraub Tobin on

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s...more

McNees Wallace & Nurick LLC

OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

McNees Wallace & Nurick LLC on

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more

Miles & Stockbridge P.C.

Can I Be Criminally Prosecuted for Violating Federal Safety and Health Regulations?

Miles & Stockbridge P.C. on

Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards...more

24 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