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, Meagan Newman, and Craig B. Simonsen

iStock_000059911458_Large.jpgAn 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 OSHRC Law Judge Orders Trial on Enterprise-Wide Hazard Abatement for Powered Industrial Trucks Standard

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Review Commission (OSHRC) recently found that an employer lacked fair notice of an obligation under the general duty clause to provide fall protection equipment, and that the issue of whether the employer’s work policy constituted a feasible means of abatement was not properly plead by the Occupational

Continue Reading General Duty Clause and Company Polices — Review Commission Finds Issues Not Properly Tried