By James L. Curtis, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: The 15-day statutory deadline to contest federal OSHA citations has been the subject of recent litigation in the 5th and 11th Circuits and before the Occupational Safety and Health Review Commission. In those cases, after having their contests to the citations dismissed for failure
Continue Reading Don’t Be Late — Missed Deadlines and Late Appeals of OSHA Citations During the Pandemic
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) had brought suit in the D.C. Circuit Court of Appeals against the U.S. Occupational Safety and Health Administration, through an Emergency Petition For A Writ Of Mandamus, and Request For Expedited Briefing And Disposition, No.
Continue Reading DC Circuit Court Denies Union’s Suit Against OSHA to Force Emergency Temporary Worker Safety Standard
By James L. Curtis, Brent I. Clark, Mark A. Lies, II, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: In Rural Community Worker’s Alliance et al v. Smithfield Foods, Inc. et al., No. 5:20-cv-6063 (W.D. Mo. May 5, 2020), Western District of
Continue Reading Judge Dismisses Lawsuit Seeking to Enjoin Employer to Implement Additional Safety Measures
By James L. Curtis, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws. Employees who refuse to perform job functions may also be protected.
News media reports during the COVID-19 pandemic highlight
Continue Reading Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic
By Mark A. Lies, II, Scott M. Nelson, and Adam R. Young
Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. The Multi-Employer Worksite Doctrine has allowed OSHA to extend liability to general contractors, host employers, staffing agencies, and anyone
Continue Reading Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability
By Brent I. Clark, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: According to several states that have sued the Occupational Safety and Health Administration in Federal Court, the Agency did not provide sufficient justification to rollback the electronic reporting rule for large employers. Complaint, State of New Jersey, et al., v. Acosta, No.
Continue Reading Six States Sue – Alleging that Trump Administration Electronic Reporting Rule is Unlawful
By Brent I. Clark, Benjamin D. Briggs, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through. The contractor later testifies in a deposition that he did not ask them to work on the roof.
Continue Reading What Not to Do: Construction Contractor Charged With Lying to OSHA
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just been sued for removing the requirements for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301 (Injury and
Continue Reading On And On We Go – Coalition Groups Sue DOL for the Rollback Rule
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general contractor. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. August 4, 2017). The Fifth
Continue Reading Fifth Circuit Last to Uphold OSHA’s Multi-Employer Worksite Doctrine
By Mark A. Lies, II, James L. Curtis, Daniel Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: New Review Commission decision refines the definition of what OSHA must prove to establish a “Repeat” violation.
On September 30, 2008, OSHA issued a citation to Angelica Textile Services, Inc., a commercial laundry, alleging ten Serious and four Repeat items.
Continue Reading Angelica Decision (Finally) Enhances OSHA’s Burden to Establish a Repeat Citation