News & Analysis as of

Safety Violations Employer Liability Issues

Bradley Arant Boult Cummings LLP

No. 4 of 10 Things Every Employer Should Know About OSHA: OSHA Must Issue a Citation Within Six Months

OSHA has a time limit on issuing citations. It must issue a citation within six months of the occurrence of any violation. The only exception to this rule is where the employer has concealed the violative condition or misled...more

Conn Maciel Carey LLP

[Event] 2nd Annual Cal/OSHA and California Employment Law Summit - October 10th, Pasadena, CA

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Conn Maciel Carey LLP's 2ndAnnual Cal/OSHA and California Employment Law Summit is an in-person program conducted by the California-based attorneys in CMC's national OSHA Workplace Safety and Labor Employment Practice Groups,...more

Conn Maciel Carey LLP

[Event] 2nd Annual Cal/OSHA and California Employment Law Summit - October 8th, Berkeley, CA

Conn Maciel Carey LLP on

Conn Maciel Carey LLP's 2ndAnnual Cal/OSHA and California Employment Law Summit is an in-person program conducted by the California-based attorneys in CMC's national OSHA Workplace Safety and Labor Employment Practice Groups,...more

Conn Maciel Carey LLP

[Webinar] Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA - October 1st,...

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Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC...more

Saiber LLC

The Saiber Construction Law Column: April 2024

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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

Littler

No April Foolin’ – OSHA Updates its Worker Walkaround Representative Regulation

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On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. ...more

Poyner Spruill LLP

OSHA’s Top Ten

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OSHA has released its “Top Ten” list of the most cited safety violations of last year.  The largest number of violations were observed in the Construction Industry.  The Top Ten include...more

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

Parker Poe Adams & Bernstein LLP

Above Average Injury Rates Can Lead to Severe Violator Designation

Last month, we reported on the federal Occupational Safety and Health Administration’s expansion of its Severe Violator Enforcement Program (SVEP). SVEP designation marks employers for a higher number of safety inspections...more

Parker Poe Adams & Bernstein LLP

OSHA Continues Expansion of Severe Violator Program

In September 2022, the federal Occupational Safety and Health Administration issued a directive expanding the scope of its Severe Violator Enforcement Program (SVEP). SVEP singles out employers that OSHA concludes have...more

Constangy, Brooks, Smith & Prophete, LLP

OSHA update: What’s new for 2024

OSHA penalties increased for citations issued in 2024 Consistent with the 2015 Inflation Adjustment Act, which provides for the annual increase in penalties under the Occupational Safety and Health Act by the previous year’s...more

Fisher Phillips

Snapshot on Manufacturing: Top 3 Compliance Challenges Stemming from OSHA and Labor Board Collaboration

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Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick snapshot look at recent workplace law developments and examine how they impact employers in the manufacturing industry. In this edition, we’ll...more

Cozen O'Connor

OSHA’s Top 10 Violations for 2023

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OSHA recently shared preliminary data for its Top 10 list in fiscal year 2023 which ended September 30, 2023. They are listed below in order of most frequently cited: 1. Fall Protection – General Requirements (1926.501)- ...more

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

Are OSHA’s Enforcement Policies Making It More Difficult to Settle Cases? Considerations for Employers

For employers, particularly those with multiple worksites, controlling corporate OSHA liability is generally a key goal. An employer that accepts a machine guarding violation at its Texas facility, for example, may get hit...more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part 4: No Hazardous Activity in Plain View During the Inspection

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With maximum limits for Occupational Safety and Health Administration (OSHA) penalties increasing every year, knowing what to do when OSHA arrives at your door is more important than ever. That’s why we’re releasing this...more

Fisher Phillips

Oregon Hikes Penalty Maximums for Workplace Safety Violations: 4 Things You Need to Know

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Oregon lawmakers just passed more stringent civil penalties and expanded the scope of workplace safety investigations – which means employers need to immediately acquaint themselves with these modifications and grasp the...more

Fisher Phillips

The “Focus 4” Threshold Tips for Surviving an OSHA Inspection, Part Three: Escort Your Inspector Straight To and From the...

Fisher Phillips on

With maximum limits for Occupational Safety and Health Administration (OSHA) penalties increasing every year – currently over $15,000 for serious/other than serious citations and more than $150,000 for a repeat and willful –...more

Fisher Phillips

Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

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When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door...more

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

Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties

Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

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

Nevada OSHA’s New Increased Penalties and Targeted Inspections

The Nevada Occupational Safety and Health Administration (NV OSHA) recently announced an increase in penalties for workplace safety violations, as well as a renewed focus on specific industries for inspections. The new...more

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

Ogletree Deakins OSHA Tracker City Feature: Houston and San Antonio Top the List in Texas

“There are three kinds of lies: Lies, Damned Lies, and Statistics” has famously been attributed to Mark Twain, who himself attributed it to British Prime Minister Benjamin Disraeli. Data, however, never lies....more

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

Ogletree Deakins OSHA Tracker City Feature Shines Light on Reno, Nevada Citations

Ogletree Deakins’ OSHA Tracker shows that the Occupational Safety and Health Administration (OSHA) conducted 988 inspections in Nevada in 2022, of which 2.5 percent resulted in citations. Reno, with twenty-seven citations,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: El Paso, Texas, Metal-Plating Finisher Proposed Penalties

The Occupational Safety and Health Administration (“OSHA”) issued a February 28th news release proposing penalties for Arizona Traders Co. (“ATC”). ATC is stated to operate an El Paso, Texas, jewelry metal-plating...more

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