OSHA Targets Facilitating Arrest of Injured Worker as Potential Retaliation
Posted on Apr 13, 2019 in Litigation, OSHA, Workplace Safety | Comments Off on OSHA Targets Facilitating Arrest of Injured Worker as Potential Retaliation
Last week, a company and its CEO moved to dismiss a unique complaint brought against them by OSHA in the U.S. District Court for the District of Massachusetts. OSHA alleges that the Company and its CEO unlawfully retaliated against an injured worker by initiating a law enforcement investigation into the worker’s identity that led to his arrest. OSHA alleges that the worker...
OSHA Announces Highest Proposed Fine of 2019 (More than $1.3 Million)
Posted on Mar 24, 2019 in Construction, OSHA | Comments Off on OSHA Announces Highest Proposed Fine of 2019 (More than $1.3 Million)
OSHA announced a major proposed fine of more than $1.3 million earlier this week for a metal heat treatment company in Ohio. The proposed citations and penalties allege that the company exposed employees to atmospheric, thermal, electrical, and mechanical hazards and include 25 willful, serious, and other-than-serious violations. The allegations relate to confined space issues, falls,...
OSHA’s Initial Deadline for Form 300A Electronic Reporting Delayed
Posted on Jun 27, 2017 in OSHA | Comments Off on OSHA’s Initial Deadline for Form 300A Electronic Reporting Delayed
OSHA is proposing to extend the initial submission deadline for reporting 2016 Form 300A data from July 1, 2017 to December 1, 2017. OSHA will separately seek comment on other proposals to reconsider, revise, or remove certain provisions of the proposed injury and illness reporting rule. The delay in the initial submission deadline occurred because the data collection system, which...
Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act
Posted on May 24, 2017 in Construction, Energy/Environmental, OSHA, Workplace Safety | Comments Off on Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act
Upon taking office with the promise to reduce regulations, the new administration and the U.S. Congress used the Congressional Review Act to repeal 14 “midnight” regulations passed by the previous administration. Of the 14 repealed regulations, there are three that are of note for companies involved in mining operations domestically, in oil and gas exploration abroad, or who are...
Judge Strikes Expert Report Containing OSHA Policy Interpretation
Posted on May 12, 2017 in Investigations, OSHA | Comments Off on Judge Strikes Expert Report Containing OSHA Policy Interpretation
On Wednesday, the U.S. District Court for the Northern District of Ohio granted summary judgment to the owner of a slag plant in a case brought by a worker who sustained serious injuries from falling off an unguarded screen deck in a tower. Summary judgment became possible once the court decided to exclude the testimony of the plaintiff’s primary expert witness. The proffered...
OSHA Changes Course on Union’s Ability To Participate in Inspections of Non-Union Workplaces
Posted on May 1, 2017 in Litigation, OSHA, Workplace Safety | Comments Off on OSHA Changes Course on Union’s Ability To Participate in Inspections of Non-Union Workplaces
On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) officially repealed the “Fairfax Memorandum,” a February 21, 2013 directive (an archived copy of the memo can be found here). The Fairfax Memorandum explained that workers at a worksite without a collective bargaining agreement could designate a person affiliated with a union or community organization to act...
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