News & Analysis as of

Workplace Safety Defense Strategies

Cozen O'Connor

Fifth Circuit to Review OSHA’s Unpreventable Employee Misconduct Defense

Cozen O'Connor on

Unpreventable employee misconduct is an affirmative defense commonly asserted to OSHA citations. To generally prevail on this defense, an employer must show that it 1) established work rules designed to prevent the violative...more

Hinshaw & Culbertson LLP

[Webinar] Executive Director Legal Pitfalls – The Defense Attorney Perspective - January 26th, 1:30 pm - 2:30 pm PT

Hinshaw & Culbertson LLP on

As an assisted living Executive Director (ED), you are charged with minimizing risk and preventing legal liability. But in practical terms, do you understand the legal framework that affects your day-to-day decisions? Join...more

Goldberg Segalla

[Webinar] Defending Against an OSHA Citation: The Unpreventable Employee Misconduct Defense - August 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

The Unavoidable Employee Misconduct defense can help an employer avoid liability for an OSHA citation, but only if it is applied correctly. Join OSHA attorneys Michael Rubin and Stefan Borovina for an interactive webinar on...more

Jackson Lewis P.C.

Can You Claim Employee Misconduct In An OSHA Citation?

Jackson Lewis P.C. on

When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

McDermott Will & Emery

Key Takeaways | Preparing for Battle: How to Build Your Litigation Defenses Now

McDermott Will & Emery on

The employment and business decisions made by employers during this unprecedented COVID-19 pandemic are now being tested by plaintiffs’ lawyers. Employers of all sizes should expect a flood of employment litigation, building...more

McDermott Will & Emery

[Webinar] Return To Work Virtual Toolkit Part 6 - Preparing for Battle: How to Build Your Litigation Defenses Now - June 2nd,...

McDermott Will & Emery on

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in...more

Parker Poe Adams & Bernstein LLP

Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet...more

Burr & Forman

South Carolina court says 'NO' to employee's claims against Boeing

Burr & Forman on

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

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