By Brent I. Clark, James L. Curtis, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work sites, with proposed penalties totaling
Continue Reading OSHA Proposes Over $1M in Fines Against Florida Roofing Contractor for Egregious Fall Hazards
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter allowing workers in non-union workplaces to designate a union representative to act as
Continue Reading OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation
By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter
Continue Reading Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites.
We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow workers without a collective bargaining agreement to designate a union representative to act on their behalf as their “walk-around representative”
Continue Reading OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) has just released a substantial update to its Field Operations Manual (FOM), CPL 02-00-159 (October 1, 2015). The FOM is a reference document for OSHA field personnel that provides enforcement policies and procedures in conducting OSHA investigations.
In his related blog, OSHA Administrator David
Continue Reading OSHA Updates its Field Operations Manual
By Ada W. Dolph and Craig B. Simonsen
Since 2010, OSHA has made a concerted effort to coordinate enforcement of whistleblower complaints with affiliated agencies. (See our past blog about OSHA’s coordination with the FDA here). OSHA continues in this effort, recently announcing that it has entered into a Memorandum of Understanding (MOU) with the Federal Motor Carrier Safety
Continue Reading OSHA and the Federal Motor Carrier Safety Administration Agree to Coordinate Responses to Whistleblower Complaints By Private Commercial Motor Vehicle Drivers
By James L. Curtis and Craig B. Simonsen
So far 2014 has proven to be a lucrative year for whistleblowers assisting federal agencies in bringing suits against “violators”.
In following up on last year’s impressive $14 million dollar whistleblower reward, the U.S. Securities and Exchange Commission (SEC) has just announced an award of $875,000 to two whistleblowers “who aided”
Continue Reading Whistleblowers Continue to See Significant Monetary Awards in 2014
By James L. Curtis, Meagan Newman, and Craig B. Simonsen
Dr. David Michaels, Administrator for the Occupational Safety and Health Administration, testified yesterday at a hearing before the Senate Subcommittee on Employment & Workplace Safety. The topic of discussion was “Whistleblowers and Job Safety: Are Protections Adequate to Build a Safer Workplace?”
Dr. David Michaels’ Answer: No, They’re
Continue Reading Whistleblowers and Job Safety: Are Protections Adequate to Build a Safer Workplace?
OSHA yesterday announced its interim final rule for “Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010,” 79 Fed. Reg. 18630 (April 3, 2014). These rules are in effect immediately, but could be revised by OSHA after the comment period.
James Curtis, Ada Dolph, and Craig Simonsen have prepared
Continue Reading OSHA Issues Its Interim Final Rule On Whistleblowers Procedures Under Dodd-Frank’s Consumer Financial Protection Act
By James L. Curtis, Meagan Newman, and Craig B. Simonsen
OSHA just published its Procedures for Handling Retaliation Complaints Under Section 402 of the U.S. Food and Drug Administration (FDA) Food Safety Modernization Act. 79 Fed. Reg. 8619 (February 13, 2014).
The interim final regulations relate to the whistleblower provisions found at section 402 of the FDA Food
Continue Reading Procedures for OSHA Whistleblower Complaints Under the Food Safety Modernization Act