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By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, Daniel R. Birnbaum and Craig B. Simonsen

Seyfarth Synopsis: OSHA announced enhanced enforcement and oversight efforts following an “alarming rise” in trenching fatalities, intended to draw attention to construction worker safety and present issues and solutions. Current OSHA enforcement guidelines require inspectors…

Continue Reading As Fatality Numbers Skyrocket, OSHA Scrutinizes Trenching and Excavation Hazards with Redoubled Enforcement

By A. Scott Hecker, Adam R. Young, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is highlighting trenching hazards, and their potentially-dire consequences, on its homepage. 

OSHA had released CPL 02-00-161 on October 1, 2018, continuing its National Emphasis Program on Trenching and Excavation, (“NEP”), and requiring agency compliance safety and health…
Continue Reading OSHA Focusing on Trenching Hazards

By Patrick D. Joyce, Ilana R. Morady, Adam R. Young, and Daniel R. Birnbaum

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor Heat Rules, Issues under the Freedom of Information Act, OSHA’s …
Continue Reading Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

By Brent I. Clark, Patrick D. Joyce, Ilana Morady, Adam R. Young, and Daniel R. Birnbaum

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from the Director of the National Institute for Occupational Safety and Health on Coronavirus and Opioids, …
Continue Reading Coronavirus and Technology in the Workplace – Day Two at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

By Brent I. Clark, Patrick D. Joyce, Adam R. Young, and Daniel R. Birnbaum

Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who discussed the recent Occupational Safety and Health Review …
Continue Reading Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

By Brent I. Clark, Mark A. Lies, II, Adam R. Young, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis:  OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018), which requires OSHA to open inspections against any contractor involved in trenching or excavation work and report …
Continue Reading Can You Dig It? OSHA Releases Onerous New National Emphasis Program on Trenching and Excavation

By James L. Curtis and Craig B. Simonsen

In order to prove an OSHA violation the Secretary of Labor must show that the employer had “knowledge” of the violation. Often that is established through supervisors because a supervisor’s knowledge can be imputed to the company.

However, what do you do when the supervisor is the one engaged in the wrongful…
Continue Reading Employer Liable for Supervisor Actions? Well, Not Always

By Craig B. Simonsen

The U.S. Department of Justice (DOJ) has recently announced the filing of a consent decree to settle a Clean Water Act (CWA) fill and dredge case for the Army Corps of Engineers (COE). The complaint and consent decree were filed in USA v. Trinski and Hohan, No. 07-C-3600 (N.D. Ill). The notice of lodging was…

Continue Reading Clean Water Act Settlement Requires Defendants to Pay Fine, Forfeit Property, and Perform Free Excavating Services