In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil penalty dollar amounts for OSHA violations. 81 Fed. Reg. 43430 (July 1, 2016).… Continue Reading
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
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
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
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
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
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
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
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.
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