News & Analysis as of

Safety Violations Occupational Safety and Health Administration

Fall Protection is OSHA’S Top Citation for 2017

by Miller & Martin PLLC on

OSHA’s list of 2017 most frequently cited violations are the usual suspects with one addition. Fall protection is again the number one cited violation by OSHA followed by hazard communication, scaffolding, respiratory...more

OSHA Review Commission Back in Business

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017. The orders followed, on...more

Oregon OSHA Proposes to Increase Penalties

by Stoel Rives LLP on

August 1, 2016, the federal Occupational Safety and Health Administration significantly increased the maximum penalties for violation citations. As a result of these changes, Oregon OSHA has proposed to increase the minimum...more

Avoiding an explosive situation: fireworks in the workplace

by Kirton McConkie PC on

OCCUPATIONAL SAFETY - Boom! The sky is filled with glimmering light in all colors of the rainbow, and the crowd “Oohs” and “Aahs.” It’s that time of year, when roadside fireworks stands start popping up on every street...more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Top 10 OSHA Violations of 2016

Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot...more

[Webinar] New OSHA Requirements Apply to You and You May Not Know It - March 22nd, 12:00pm Eastern

by Locke Lord LLP on

Please join us on March 22 at noon Eastern Time for a 30 minute webinar presented by James Céspedes and Steven Adelman about the applicability of OSHA to your business. James and Steve will tell you all that you need to know...more

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

by Ruder Ware on

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

Fines Increase One Percent for Workplace Safety Violations

by Kelley Drye & Warren LLP on

If a one-percent increase in maximum fines doesn’t dissuade employers from committing worker safety and health violations, then we don’t know what does. OSHA’s and MSHA’s higher penalties became effective January 13th, but it...more

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that...more

Cal/OSHA Amendment Significantly Expands its Definition of “Repeat” Violations

by Littler on

Effective January 1, 2017, Cal/OSHA will be utilizing a broader definition of “Repeat” violation under California’s Health and Safety Code. This is significant for California employers because if Cal/OSHA finds a Repeat...more

[Webinar] OSHA Issues During Acquisitions and Divestitures - November 8th, 1:00p.m. EST

by Conn Maciel Carey LLP on

OSHA compliance issues have been long ignored in the due diligence process for mergers, acquisitions and divestitures. With OSHA’s new focus on follow-up inspections and Repeat citations, and expanding the concept of...more

OSHA Details Federal Contractor Safety Violation Disclosures

Under the Fair Pay and Safe Workplaces executive order (E.O. 13,673), beginning in October 2017 federal contractors will have to begin disclosing a range of labor law violations when bidding for new federal work. These...more

Maximum OSHA Fines for Safety Violations Increase by 78%

by Jackson Lewis P.C. on

The first increases to Occupational Safety and Health Administration fines for violations of safety regulations since 1990 went into effect on August 1, 2016. The increases are substantial: the maximum penalties have...more

Penalties for OSHA Non-Compliance Just Got Stiffer

by Hodgson Russ LLP on

On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. The Act requires numerous federal enforcement agencies, including OSHA, to substantially...more

OSHA Update: OSHA Fines Set to Increase 78% August 1, 2016

by Sherman & Howard L.L.C. on

As we mentioned previously, Congress has allowed federal agencies, including OSHA, to increase their penalty structures in order to keep up with inflation. OSHA recently has announced that it will do just that. Effective...more

Final Update: OSHA Finalizes New Maximum Civil Penalties

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA finalized a 78% increase to per violation penalties. In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil...more

OSHA Announces Massive Penalty Increases (and for other Agencies)

by Fisher Phillips on

We know that you’re tired of hearing about major new federal Employment law changes but an unusually important announcement came out yesterday. OSHA has released details on the penalty increases effective August 1, 2016, but...more

Construction Contractor Faces Manslaughter Charge in Worker’s Death

by Jackson Lewis P.C. on

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

Safety Agencies Expect to Release 9 Rules This Year

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has identified seven proposals the agency hopes to release as final rules before the end of the year, while the Mine Safety and Health Administration, its sister agency within...more

Employers May See Higher OSHA Fines Sooner than Expected

by Jackson Lewis P.C. on

August 1, 2016, is the effective date for imposition of higher fines by the Occupational Safety and Health Administration, but violations alleged in inspections occurring as recently as this February may be subject to the...more

Environment, Land Use & Natural Resources Advisory: DOJ Revs Up the Worker Endangerment Initiative

by Alston & Bird on

On March 15, Assistant Attorney General John Cruden provided new insight into the renewed emphasis on criminal prosecution of worker safety laws by the U.S. Department of Justice’s Environment and Natural Resources Division...more

Goodbye Carrot, So Long Stick…Hello Club!

by Fisher Phillips on

Most would agree that workplace safety is of the utmost importance. Accordingly, the Occupational Safety and Health Act of 1970 (“OSH Act”) was enacted for the purpose of ensuring that employers provide their employees safe...more

Update from the ABA OSHA Conference — Cal-OSHA Developments

by Seyfarth Shaw LLP on

Expedited Hearings - A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited...more

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