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OSHRC Employer Liability Issues

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

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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

Jackson Lewis P.C.

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

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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

Frequently Asked Questions for Employers About OSHA

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

Beveridge & Diamond PC

Tenth Circuit Upholds OSHA Interpretations on Scope of PSM Standard

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On October 27, 2020, the Tenth Circuit upheld a series of OSHA citations that were issued to an oil refining company following a fatal boiler explosion. In doing so, the Tenth Circuit upheld OSHA interpretations that...more

Cozen O'Connor

Recent OSHRC Decisions Reinforce The Principle That Unsafe Employee Conduct May Mitigate Against Reasonable Employer Safety...

Cozen O'Connor on

On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated two machine-guard citations levied against employers by the Occupational Safety and Health Administration (OSHA) and...more

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

OSHRC Unanimously Vacates Machine-Guarding Citation, and then Two More

On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated a machine-guarding citation on the ground that the injured operator had deliberately bypassed the guard that the employer...more

Seyfarth Shaw LLP

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

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

Seyfarth Shaw LLP

Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

ArentFox Schiff

OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard

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Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more

Fisher Phillips

OSHA Warns Fines Must Be Paid Or You (Individually) May Face “18 And Life”

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Ever wonder what the Occupational Safety and Health Administration (OSHA) would do if an employer refused to pay a fine? We just found out, and it’s not just the employer that needs to be concerned. After a New Jersey-based...more

Maynard Nexsen

Workplace Safety And Summer Heat

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Workplace Safety And Summer Heat - Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat...more

Hahn Loeser & Parks LLP

OSHRC’s Recent Ruling Provides Important Guidance on Limiting Controlling Employer Liability on Multi-Employer Worksites

On Feb. 1, 2019, the Occupational Safety and Health Review Commission (OSHRC) reversed an OSHA citation issued to Suncor Energy (U.S.A.) Inc., as the controlling employer, for a fall protection violation. In this ruling, the...more

Hahn Loeser & Parks LLP

OSHRC’s recent ruling provides important guidance for employers on heat exposure and the general duty clause

On Feb. 28 the Occupational Safety and Health Review Commission (OSHRC) reversed a citation issued to A.H. Sturgill Roofing, Inc. for the heat-related death of an employee, finding that all of the elements of proof of the...more

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

OSHRC Agrees with Ogletree Deakins’ Argument That Construction Eyewash Standard Is Invalid

On September 28, 2018, the independent Occupational Safety and Health Review Commission (OSHRC) agreed with Ogletree Deakins’ argument that that the Occupational Safety and Health Administration’s (OSHA) standard requiring...more

Fisher Phillips

Don’t Be Late! Recent Decisions Remind Employers that OSHA Citations May Become Final if Not Timely Contested

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Two recent cases should remind employers to contest OSHA citations quickly to prevent the citations from becoming final. It’s an uphill battle if your notice of contest is submitted late. Employers Have 15 Working Days to...more

Jackson Lewis P.C.

Review Commission Requests Outside Comments From Interested Parties To Evaluate Workplace Heat Stress Case

Jackson Lewis P.C. on

The Occupational Safety and Health Review Commission (OSHRC) is reviewing OSHA’s use of the general duty clause to issue citations against employers for heat-related hazards that are likely to cause death or serious bodily...more

Stoel Rives LLP

OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another,...

Stoel Rives LLP on

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It...more

Cozen O'Connor

James Sullivan Confirmed By Senate

Cozen O'Connor on

Cozen O’Connor member James Sullivan was confirmed by the full Senate yesterday to fill the last vacancy on the Occupational Safety and Health Review Commission (“OSHRC”). OSHRC, an independent federal agency providing...more

Seyfarth Shaw LLP

“Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

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Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and...more

Seyfarth Shaw LLP

Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission....more

Bradley Arant Boult Cummings LLP

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that...more

Seyfarth Shaw LLP

Eighth Circuit Rejects OSHA’s Attempt to Expand the Scope of its Machine Guarding Standard

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In a review of an Occupational Safety & Health Review Commission (OSHRC) decision, the U.S. Court of Appeals for the Eighth Circuit ruled this week to vacate a $490,000 penalty for failure to employ machine guards to prevent...more

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