By James L. Curtis, Brent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration we anticipate that OSHA is likely to pivot away from the enforcement heavy agenda to a more business friendly agency.
As we try to anticipate the President-Elect
Continue Reading What to Expect From OSHA in a President-Elect Trump Administration
By Wan Li, Andrew S. Boutros, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and rules may face blacklisting, including restrictions to their future business endeavors.
We have previously written
Continue Reading New Eye-Popping Statistics: Multinationals Operating in China Should be Aware of Increased Enforcement of Chinese Environmental Laws as Well as the Potential for Blacklisting
By Brent I. Clark, James L. Curtis, and Craig B. Simonsen
The 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
In a recent Federal District Court OSHA 11(c) retaliation case, Perez v. Sandpoint Gas N Go, 14-cv-357 (9-29-2015), Chief Judge B. Lynn Winmill provides a strong reminder that the Courts will protect from retaliation employees who raise workplace safety issues.
In this case, the whistleblower had contacted OSHA in 2012 to
Continue Reading Employer Ordered to Pay Whistleblower $100,000 Punitive Damages
By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen
In a decision last week, the Occupational Safety and Health Review Commission (OSHRC) found that the six month statute of limitations for OSHA to cite an employer does not apply to Process Safety Management (PSM) violations that present a continuing hazard. Secretary of Labor v. Delek
Continue Reading OSHRC Rules Process Safety Violations NOT Barred By OSHA’s Six Month Statute of Limitations
By Jeryl L. Olson and Patrick D. Joyce
Our retail clients with stores and warehouse facilities in the State of New York are warned that the State of New York Department of Environmental Conservation (NYDEC) has announced that it will begin enforcing regulations relating to hazardous waste against big boxes, supermarkets, pharmacies and other retailers which generate waste materials
Continue Reading Warning! Retailers’ Environmental Enforcement Initiative in New York
By Andrew H. Perellis and Craig B. Simonsen
Marion Herz, the Chief of Staff for EPA’s Office of Compliance, just blogged that EPA has launched a new compliance website to “make it easier to stay informed about our work and to share tools that can help companies and others follow the law.”
Herz notes that the Enforcement and Compliance History
Continue Reading EPA is Improving Public Access to (YOUR) Environmental Inspection and Compliance Data
By James L. Curtis and Craig B. Simonsen
The Occupational Safety and Health Administration has just released its whistleblower statistics, showing another jump in the number of whistleblower cases filed with OSHA in FY 2014, to over three thousand.
This is the first time that the total number of claims filed has topped 3,000, and is the result of a
Continue Reading Not Surprisingly, 2014 Sees Another Increase in Whistleblower Cases
By Ada W. Dolph and Craig B. Simonsen
A railroad’s decision to terminate an apprentice electrician whose OSHA injury report revealed he had not been truthful in his employment record about other prior workplace injuries was unlawful retaliation under the whistleblower provision of the Federal Railroad Safety Act, 49 U.S.C. § 20109 (FRSA), OSHA has ordered. The railroad was
Continue Reading Railroad Ordered to Pay $225,000 in Whistleblower Action where Employee Allegedly Lied About Prior Injuries
By Brent I. Clark, Ada W. Dolph, and Craig B. Simonsen
In remarks before its Whistleblower Protection Advisory Committee, OSHA Administrator Dr. David Michaels said that he will lessen the whistleblower’s burden of proof in investigations.
Dr. Michaels spoke at the September 3, 2014 Whistleblower Protection Advisory Committee meeting. In his introduction, he noted that from 2009
Continue Reading OSHA Head Says OSHA Will Lower Whistleblower’s Burden of Proof in Investigations