By Adam R. Young, Mark A. Lies, II, A. Scott Hecker, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality cases. Criminal
Continue Reading Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination
By Adam R. Young, Patrick D. Joyce, James L. Curtis, Daniel R. Birnbaum, Melissa A. Ortega and Craig B. Simonsen
Seyfarth Synopsis: The Biden Administration is seeking a 17% funding increase for OSHA under the Department of Labor’s fiscal year 2024 budget request.
The FY 2024 budget request for OSHA is approximately $738.7 million, an
Continue Reading Biden Administration Requests Big Budget Increase For OSHA
By Adam R. Young, Daniel R. Birnbaum, Mark A. Lies, and James L. Curtis
Seyfarth Synopsis: Recent involuntary manslaughter charges against actor Alec Baldwin serve as a reminder of the state criminal manslaughter liability that may result from industrial accidents. Company management and employees involved in an accident face potential criminal prosecution, prison, and hefty personal fines.
Continue Reading Alec Baldwin Manslaughter Charges Spotlight Criminal Liability For Occupational FatalitiesBy James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: With a larger base of compliance officers, OSHA has significantly increased its ability to conduct on-site inspections and reorient its enforcement strategies.
OSHA’s budget was essentially flat during the Trump Administration. As health care costs increased and compliance safety and health officers retired, OSHA struggled
Continue Reading OSHA Significantly Increases the Number of InvestigatorsBy A. Scott Hecker, Adam R. Young, Mark A. Lies, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word “uncontrolled” is unambiguous and not
Continue Reading What a Whopper – Court Finds An “Uncontrolled” HAZWOPER Release Doesn’t Mean “Any Release, No Matter How Small”
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On June 28, 2022, OSHA announced publication of an Advance Notice of Proposed Rulemaking (“ANPRM”) regarding potential revisions to the Agency’s lead standards, lowering permissible blood lead levels.
OSHA’s ANPRM concerning the point at which Blood Lead
Continue Reading Lower Blood Lead Levels on OSHA’s To-Do List
By Adam R. Young, Mark A. Lies, Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, and Melissa A. Ortega
Seyfarth Synopsis: The Occupational Safety and Health Review Commission’s Summit decision limits enforcement against controlling employers and defines secondary safety roles.
The Multi-Employer Worksite Doctrine allows the Occupational Safety
Continue Reading “Secondary Safety Role” Relieves Primary Source of Anxiety for Controlling Employers under OSHA’s Multi-Employer Doctrine
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II. Adam R. Young, A. Scott Hecker, Ilana Morady, Patrick D. Joyce, Daniel R. Birnbaum, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: On July 27, 2021, the CDC revised its mask guidance in response to
Continue Reading Time to Mask Up Again? CDC Revises Mask Guidance for Vaccinated Individuals
By Adam R. Young, Mark A. Lies, II, Daniel R. Birnbaum and Craig B. Simonsen
Seyfarth Synopsis: By ignoring the terms of a settlement agreement it had with the Occupational Safety and Health Administration (“OSHA”), a New Jersey roofing contractor now faces more than $600,000 in penalties after numerous citations for allegedly failing to abate 2020 OSHA
Continue Reading Cardinal Sin – Construction Contractor’s Alleged Failure to Abate OSHA Citations Results in Big Penalties
By Brent I. Clark, Mark A. Lies, II, Benjamin D. Briggs, James L. Curtis, A. Scott Hecker, Patrick D. Joyce, and Adam R. Young
Seyfarth Synopsis: As the prospects of a likely Biden administration develop a key question becomes what should employers expect from OSHA under Biden? A COVID-19 Emergency Temporary Standard, aggressive enforcement,
Continue Reading What to Expect from OSHA in a Biden Administration