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By Mark A. Lies, II, James 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 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 and Craig B. Simonsen

iStock_000060649768MediumOn International Workers’ Memorial Day, U.S. Senator Al Franken, the top Democratic Senator on the Employment and Workplace Safety Subcommittee, introduced legislation to amend the Occupational Safety and Health Act.

The legislation would expand OSHA’s coverage to include public employees. The bill would also significantly increase penalties for OSHA citations, raising…
Continue Reading Senator Al Franken Introduces Protecting America’s Workers Act

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 Meagan Newman and Craig B. Simonsen

The Occupational Safety and Health Review Commission (OSHRC) recently concluded in Secretary v. Aerospace Manufacturing CT Systems, LLC, OSHRC Docket No. 11-0315 (September 22, 2011) that civil proceedings may be stayed pending the outcome of parallel criminal proceedings. In this case following a fatality at Aerospace Manufacturing CT Systems, LLC (Aerospace), the…
Continue Reading OSHRC Proceedings Stayed Pending Parallel Criminal Proceedings