News & Analysis as of

Safety Violations

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

October 2017 Update on Significant DOT, FAA, and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s and CBP’s comprehensive reviews of their regulations, Congress’ FAA reauthorization extension legislation, the FAA’s adoption of new Stage 5...more

Insurance Coverage – Analysis of Professional Liability Exclusion

by Low, Ball & Lynch on

Energy Insurance Mutual Limited v. ACE American Insurance Company - Court of Appeal, First District (July 11, 2017) - This case involves an insurance coverage dispute arising from an explosion that occurred when an...more

Food & Beverage Litigation Update | September 2017 #3

FDA Announces Final FSMA Produce Safety Rule - The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing...more

New Wave of Climate Change Related Litigation Focuses on Industry

by Miles & Stockbridge P.C. on

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more

September 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s 2017 U.S.-Cuba Frequency Allocation Proceeding, the FAA’s elimination of requirements to obtain Reduced Vertical Separation Minimum (RVSM)...more

Amputation brings big fine

by DLA Piper on

Last week the first fine was imposed on a business for breach of the Health and Safety at Work Act 2015 (HSWA)....more

Higher Health & Safety fines are a new reality

by DLA Piper on

On 22 August, the first fine was imposed on a business for breach of the Health and Safety at Work Act 2015. While these fines cannot be insured, the 6-fold increase in penalties under the new Act will change defence strategy...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

Labour and Employment Alert: SCC Finds No Discrimination for Terminating Employee in Alberta Drug Addiction Case

by Field Law on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal’s ruling that an employer can terminate an employee for breaching a drug and...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

Challenge To Mine Safety POV Rule Stayed For Settlement Talks

by Jackson Lewis P.C. on

An Ohio court case on the validity of the Mine Safety and Health Administration’s 2013 rule on “pattern of violation,” or “POV,” may be near an end. At the joint request of the plaintiffs and MSHA, a judge for the U.S....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

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

by Nexsen Pruet, PLLC on

The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...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

Wisconsin Preemption Ruling Makes Our Cheese Curdle

by Reed Smith on

A federal judge in Wisconsin issued an order a few weeks ago that covers two topics on which we often write—negligence per se and implied preemption. The two concepts are not unrelated. We most commonly see negligence per se...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

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