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Occupational Safety and Health Administration › Appeals › Citations

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
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

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

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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

Fisher Phillips

Frequently Asked Questions for Employers About OSHA

Fisher Phillips on

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

Hendershot Cowart P.C.

How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest

Hendershot Cowart P.C. on

You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

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Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The...more

Seyfarth Shaw LLP

Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations

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Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more

ArentFox Schiff

OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard

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Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more

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

Workplace Safety in California, Episode 2: All About Cal/OSHA Citations

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In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the critical steps for employers to consider after Cal/OSHA issues a citation. Topics include strategies for responding to and...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy

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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

Fisher Phillips

Can OSHA Look Back Farther than 5 Years for Repeat Citations? Recent Court Decision Reaffirms that there Is No Limitation on...

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Until 2015, it was the practice of the Occupational Safety and Health Administration (OSHA) to look back only three years to establish “repeat” violations under the Occupational Safety and Health Act (OSH Act). In 2015, OSHA...more

Fisher Phillips

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

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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

Ruder Ware

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

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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

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