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

iStock_000009254156LargeIn 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 OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations

By James L. Curtis and Craig B. Simonsen

In order to prove an OSHA violation the Secretary of Labor must show that the employer had “knowledge” of the violation. Often that is established through supervisors because a supervisor’s knowledge can be imputed to the company.

However, what do you do when the supervisor is the one engaged in the wrongful
Continue Reading Employer Liable for Supervisor Actions? Well, Not Always