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What Do We Do Now?! How to Handle an OSHA Inspection
Foreign device manufacturers should anticipate greater chance of FDA inspection under new FDA leadership
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
Co-Author: Elizabeth Strickland The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a June 16th decision certain Mining Safety and Health Administration (“MSHA”) regulations. See Peabody Midwest...more
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
In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection...more
We recently reported that on June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule...more
Due to a recent court decision, metal/nonmetal mine operators are again facing the possibility of having to comply with two of the more onerous provisions of the Mine Safety and Health Administration’s (MSHA) workplace...more
The year 2018 saw the issuance of several noteworthy federal workplace safety and health decisions. Three of those decisions came in the cases of Secretary of Labor v. Angelica Textile Services, Inc.; United States v. Mar-Jac...more
On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for...more
In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more
On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully...more
A federal appellate court in the Midwest suggests that while unions do not have blanket approval to inspect an employer’s worksite, the union’s interest in safety generally will outweigh an employer’s interest in...more