By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
Employers are reminded of a difficult lesson by a recent administrative law judge decision on “excusable neglect.” Secretary v. Progressive Interest, Inc., OSHRC No. 12-1805.
According to the administrative law judge the citation in this matter was issued to the company on July…
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
The DC Circuit has just remanded a case to the Mine Safety and Health Review Commission because the Commission failed to explain its departure from its own precedent.
Failure to Contest Proposed Penalties Not Fatal
In this case the mine operator had contested an…
By James L. Curtis and Craig B. Simonsen
Consistent with its threats to aggressively pursue employers who allegedly expose employees to hazardous chemicals and respiratory hazards, the Occupational Safety and Health Administration has cited a Wisconsin iron foundry for twenty-eight health violations, including three repeat citations, under the national and regional emphasis program on primary…
By Stephanie Christiansen-LaRocco and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) has published for the first time a Directive on Inspection and Citation Guidance for Roadway and Highway Construction Work Zones (October 16, 2012, CPL 02-01-054). The Directive covers any construction activity on and near roadways or highways, such as “road, highway…
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) has just published a Guidance on removing employers from the Severe Violator Enforcement Program (SVEP). As we noted in a previous blog, since the SVEP has been in effect over 300 employers have been designated as severe violators. However…
Applying the Commission’s existing single employer test, it was agreed that all the facilities shared a common president, chief executive officer, and chief financial officer. It was also agreed that the facilities did not share a common worksite. So, a key element under review was whether the entities had interrelated and integrated operations. The Court upheld the Commission’s conclusion that the parent company could exercise control over the facility but that, “in practice, local personnel supervised safety matters at the facility.”…
Continue Reading Federal Appellate Court Finds that Different Facilities Were Not a Single Employer
By Mark A. Lies, II, Brent I. Clark, and Craig B. Simonsen
The D.C. Circuit Court of Appeals recently found, in AKM LLC v. Secretary of Labor, — F.3d —-, 2012 WL 1142273 (DC Cir., April 06, 2012), that where the Occupational Safety and Health Administration (OSHA) had issued certain recordkeeping citations…
On March 12, 2012 OSHA issued yet another six figure citation to a large retailer. This time OSHA cited the Dollar Tree, Inc. for $121,000 in penalties, including two “Repeat” citations. This comes on the heals of six figure OSHA citations to Wal-Mart, Inc., Sears, Walgreens, Lowe’s, DeMoulas Super Market and…
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…
On February 8, 2012, the E.D. Wisconsin issued a decision in Solis v. Milk Specialties, Case No. 11-MC-72, finding that an internal “five year strat plan” for combustible dust hazards and an associated “Dust Report” were not privileged and therefore must be produced to the Occupational Safety and Health Administration…
