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By Brent I. ClarkBenjamin D. BriggsMatthew 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 James L. CurtisKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis:  A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA), and for submitting false documents to a federal agency.

Nebraska Railcar
Continue Reading Company and its Executives/Owners Charged With Criminally Violating Worker Safety and Environmental Laws That Led to Workers’ Deaths

By Mark A. Lies, IIJames L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment.  Following a bench trial before the District Court, the Defendant contractor DNRB, Inc. was convicted of a Class B misdemeanor for
Continue Reading History Comes Back to Bite Employer — Criminal Conviction and $500,000 Fine Upheld in Eighth Circuit for Violating Fall Protection Regulations

By Andrew S. Boutros, Benjamin D. Briggs, and Craig B. Simonsen

iStock_000042612884_MediumSeyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences for conduct resulting in worker deaths. Make sure that your company’s safety programs and
Continue Reading Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

By Mark A. Lies, II, Patrick D. Joyce, and Adam R. Young

Safety at workINTRODUCTION

The New Year is here and with that comes yet another year of enhanced OSHA enforcement and new OSHA regulations. Further, due to the upcoming end of President Obama’s time in office , questions exist as to whether OSHA will continue with its aggressive agenda


Continue Reading What To Expect From OSHA In 2016 And Beyond …

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

Safety at workThe 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 Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

By James L. Curtis, Meagan Newman, and Anne D. Harris

A federal judge sentenced the former president of a Port Arthur, Texas chemical company to one year in prison and ordered him to pay fines in the amount of $5,000 for violations of the OSH Act and making a false statement.

Matthew Lawrence Bowman, the former president and owner
Continue Reading Former President of Chemical Company Sentenced To One Year Following Employee Fatality

By Mark A. Lies, II, Kerry M. Mohan, and Craig B. Simonsen

A former safety manager at a Tennessee Valley Authority (TVA) Nuclear Site was sentenced to 78 months in prison for major fraud.

The safety manager had allegedly hidden over 80 injuries to obtain over $2.5 million in safety bonuses. He was convicted at trial in November 2012,
Continue Reading False Injury Logs Can Do More Than Lead to OSHA Citations: Safety Manager Sentenced to 78 Months in Prison for Major Fraud

By Andrew H. Perellis and Philip L. Comella

In an important decision concerning the application of the Resource Conservation and Recovery Act of 1976 (RCRA) criminal penalties, the U.S. Supreme Court recently held, in Southern Union Co. v. US, __ U.S. ___, 132 S.Ct. 2344, 2012 WL 2344465 (June 21, 2012), that the duration of misconduct underlying the imposition
Continue Reading Supreme Court Holds that Jury, not Court, Must Decide Duration of Misconduct Underlying Criminal Fines under RCRA

By Andrew H. Perellis

The U.S. Sixth Circuit Court of Appeals recently upheld, in United States v. Long, No. 09-1863 (6th Cir., December 2, 2011), the criminal conspiracy conviction of an industrial waste treatment facility plant manager. In April 2009 the District Court had sentenced the defendant to two concurrent prison terms of twenty-four months. The defendant appealed his

Continue Reading Plant Manager Gets Two Years Prison Sentence for Clean Water Act Criminal Conspiracy