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Workplace Safety OSHRC Occupational Safety and Health Administration

Fisher Phillips

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

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

Jackson Lewis P.C.

Contested Safety Citation Struck Down as OSHA Fails to Make Its Case

Jackson Lewis P.C. on

Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission...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

Cozen O'Connor

Is There Personal Liability For OSHA Penalties?

Cozen O'Connor on

Normally, OSHA citations are issued only against the corporations which employ workers, not the individuals who own or control them. Thus, corporate entities are generally liable for penalties under the Occupational Safety...more

Cozen O'Connor

A Glimpse Into OSHA Today and Tomorrow

Cozen O'Connor on

To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to...more

Jackson Lewis P.C.

OSHA’s Heat Standard Likely To Affect Indoor Manufacturing Facilities

Jackson Lewis P.C. on

This past spring, the Occupational Safety and Health Administration (OSHA) announced its intention to implement a new heat illness standard that will apply to indoor environments. The agency said it has manufacturing...more

Jackson Lewis P.C.

Will Trend Of Favorable Decisions From Occupational Safety And Health Review Commission Last?

Jackson Lewis P.C. on

The Occupational Safety and Health Review Commission (OSHRC) has issued three new decisions that appear to continue a favorable trend. On December 31, 2020, the quasi-judicial body overseeing enforcement actions by the...more

Beveridge & Diamond PC

Tenth Circuit Upholds OSHA Interpretations on Scope of PSM Standard

Beveridge & Diamond PC on

On October 27, 2020, the Tenth Circuit upheld a series of OSHA citations that were issued to an oil refining company following a fatal boiler explosion. In doing so, the Tenth Circuit upheld OSHA interpretations that...more

Cozen O'Connor

Recent OSHRC Decisions Reinforce The Principle That Unsafe Employee Conduct May Mitigate Against Reasonable Employer Safety...

Cozen O'Connor on

On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated two machine-guard citations levied against employers by the Occupational Safety and Health Administration (OSHA) and...more

Jackson Lewis P.C.

Occupational Safety And Health Review Commission Issues Spate Of Pro-Employer Decisions

Jackson Lewis P.C. on

Last week, the Occupational Safety and Health Review Commission (OSHRC), a 3-Commisioner panel appointed by the President and confirmed by the Senate which hears appeals of contested OSHA cases, issued two decisions vacating...more

Seyfarth Shaw LLP

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

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

Seyfarth Shaw LLP

Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

ArentFox Schiff

OSHRC Decision in Wynnewood Dramatically Expands Scope of PSM Standard

ArentFox Schiff on

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

Maynard Nexsen

Workplace Safety And Summer Heat

Maynard Nexsen on

Workplace Safety And Summer Heat - Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat...more

Husch Blackwell LLP

As We Mark National Heat Awareness Day, Is A Heat Stress Standard On The Horizon?

Husch Blackwell LLP on

May 31 is National Heat Awareness Day, according to OSHA and the National Weather Service. This year, the day falls at a time when the rules about preventing heat illness may be in flux. In fact, after OSHA lost a recent case...more

Fisher Phillips

Will OSHA Pay Your Attorney’s Fees for Fighting an Improper Citation Under the Equal Access to Justice Act?

Fisher Phillips on

The Occupational Safety and Health Administration (OSHA) conducted an inspection of your facility. OSHA issues a serious citation to your company for a machine guarding violation, despite the fact the OSHA investigator did...more

BakerHostetler

OSHRC Announces Meaningful Changes to Its Procedural Rules, Including Mandatory Electronic Filing and Elimination of Settlement...

BakerHostetler on

For the first time in nearly 15 years, the Occupational Safety and Health Review Commission is set to adopt comprehensive revisions to the Rules of Procedure governing cases coming under its jurisdiction. The Review...more

Jackson Lewis P.C.

The Heat Is Off… Review Commission Reverses Decision In Heat Stress Case

Jackson Lewis P.C. on

On February 28, 2019, the Occupational Safety and Health Review Commission (OSHRC) issued a much anticipated decision in the case of Secretary of Labor v. A.H. Sturgill Roofing, Inc. The case involved two citations, one...more

Husch Blackwell LLP

OSHRC And FMSHRC – One Commission Gets A Quorum, The Other Loses It

Husch Blackwell LLP on

Baked into the core of federal safety laws is the concept that employers facing unfair citations can get a day in court. That system depends on two independent commissions of judges – both trial judges and appellate – to hear...more

Stoel Rives LLP

OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another,...

Stoel Rives LLP on

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It...more

Seyfarth Shaw LLP

Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission....more

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