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Category Archives: OSHA Enforcement

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16 Legal Tips: Handling OSHA Citations the Right Way

Posted in OSHA Compliance, OSHA Enforcement

Seyfarth Partner James L. Curtis was one of sixteen “top legal experts” interviewed to provide a “list of critical information you should be aware of in the event you receive an OSHA citation.” See “16 Legal Tips: Handling OSHA Citations the Right Way”  (Intelivert, 2016).

The article notes that the experts weighed in with “simple, actionable tips that … Continue Reading

Update from the ABA OSHA Conference — Cal-OSHA Developments

Posted in California, OSHA Compliance, OSHA Enforcement

By Brent I. Clark and Ilana R. Morady

Expedited Hearings

A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited proceedings rule, cases are put on a fast track when abatement has been appealed or abatement has not … Continue Reading

Report from the ABA OSHA Conference

Posted in Investigations/Inspections, OSHA Compliance, OSHA Enforcement

By Brent I. Clark, James L. Curtis, and Ilana R. Morady

We are attending the ABA Occupational Safety and Health Law Meeting this week in Santa Barbara, California. This morning a hot topic is developments in OSHA’s enforcement programs and initiatives, including the “enforcement weighting system,” the increase in penalties, enterprise-wide enforcement, severe violators enforcement program, and criminal … Continue Reading

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

Posted in OSHA Enforcement, OSHA Litigation

By Brent I. Clark, 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 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