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Category Archives: OSHA Enforcement

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OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

Posted in OSHA Enforcement, OSHA Litigation

By Meagan Newman and Craig B. Simonsen

An Administrative Law Judge has held that the Occupational Safety and Health Review Commission (OSHRC) “may have authority under the Occupational Safety and Health Act” to order abatement measures sought by the Occupational Safety and Health Administration beyond the specific violations OSHA identified in its citations. Secretary v. Central Transport, LLC, OSHRC … Continue Reading

Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

Posted in Criminal Litigation, OSHA Enforcement

By Brent I. Clark, James L. Curtis, and Craig B. Simonsen

The U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and penalties.

According to Deputy Attorney General Sally Quillian Yates, “on an average … Continue Reading

UPDATE – New OSHA Maximum Penalty Amounts Become More Clear – October, 2015 CPI Released

Posted in OSHA Enforcement

By James L. Curtis and Patrick D. Joyce

As we mentioned in our previous blog, the bipartisan budget signed by President Obama on November 2, 2015 contains provisions that will allow OSHA to raise maximum penalties for the first time in 25 years.

The maximum initial “catch up adjustment” will be based on the difference between the October 2015 … Continue Reading

New Budget Deal to Significantly Increase OSHA Fines for the First Time in Twenty-Five Years

Posted in OSHA Enforcement

By James L. Curtis and Patrick D. Joyce

Employers beware! The new bipartisan budget, passed by both the House and the Senate and signed by President Obama on November 2, 2015, contains provisions that will raise OSHA penalties for the first time in 25 years.

The budget allows for an initial penalty “catch up adjustment,” which must be in … Continue Reading

OSHA Updates its Field Operations Manual

Posted in OSHA Enforcement

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration (OSHA) has just released a substantial update to its Field Operations Manual (FOM), CPL 02-00-159 (October 1, 2015). The FOM is a reference document for OSHA field personnel that provides enforcement policies and procedures in conducting OSHA investigations.

In his related blog, OSHA Administrator David Continue Reading

OSHA Updates Emphasis Program on Amputations – Cites Employer and Places It on Severe Violators List

Posted in Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By Brent I. Clark and Craig B. Simonsen

Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a 21-year-old employee suffered severe burns and the loss of four fingers.

National Emphasis Program on Continue Reading

OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old

Posted in Investigations/Inspections, OSHA Enforcement, OSHA Litigation

By Ilana R. Morady and Craig B. Simonsen

OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29, 2015).

We had blogged previously about the D.C. Circuit Court of Appeals opinion in AKM Continue Reading

OSHA Interpretation on Recognized and Generally Accepted Good Engineering Practices in Process Safety Management

Posted in Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By Brent I. Clark and Craig B. Simonsen

OSHA has just published a Standard Interpretation (Interpretation) to provide guidance on the enforcement of the Process Safety Management (PSM) Standard’s “recognized and generally accepted good engineering practices” (RAGAGEP) requirements, including how to interpret “shall” and “should”  language in published codes, standards, published technical reports, recommended practices, and similar documents.

According to … Continue Reading

OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

Posted in Chemical Safety, OSHA Compliance, OSHA Enforcement

By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen

In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations that present a continuing hazard. Secretary of Labor v. Delek Continue Reading

OSHA Adds “Upstream Oil and Gas” to List for Severe Violator Enforcement Program

Posted in Investigations/Inspections, OSHA Enforcement

By Brent I. Clark and Craig B. Simonsen

Thomas Galassi, Director of OSHA’s Directorate of Enforcement Programs, through a very short Memorandum (Memo), announced that OSHA has just added employers in the Oil and Gas Production Services and Drilling and Well Servicing industries to its High-Emphasis Hazards in the Severe Violator Enforcement Program.

We have written previously about steady growth … Continue Reading