By Brent I. ClarkJames L. Curtis, Mark A. Lies, IIAdam 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 Brent I. ClarkBenjamin D. BriggsMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis:  A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through.  The contractor later testifies in a deposition that he did not ask them to work on the roof. 
Continue Reading What Not to Do: Construction Contractor Charged With Lying to OSHA

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

iStock_000060649768MediumFederal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015.

The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and safety and health professionals in achieving compliance.

The Digest provides summaries of the “standards
Continue Reading OSHA Updates “General Industry Digest”

By James L. Curtis, Kerry M. Mohan, and Craig B. Simonsen

http://social.dol.gov/blog/wp-content/uploads/2014/02/Tower-chart1.jpg
http://social.dol.gov/blog/wp-content/uploads/2014/02/Tower-chart1.jpg

Last October OSHA Administrator David Michaels had, stated that “we at OSHA are very concerned about the rising number of tower worker deaths. The fatality rate in this industry is extraordinarily high – tower workers are killed on the job at a rate
Continue Reading OSHA Rulemaking on Communication Tower Worker Safety

By James L. Curtis and Craig B. Simonsen

In recent remarks by OSHA Administrator David Michaels at the “DOL-FCC Workshop on Tower Climber Safety and Injury Prevention,” Michaels indicated that “we at OSHA are very concerned about the rising number of tower worker deaths. The fatality rate in this industry is extraordinarily high – tower workers are killed on the
Continue Reading OSHA Prepares “Request for Information” to Prevent Communication Tower “Tragedies”

By James L. Curtis and Craig B. Simonsen

This week David Michaels, PhD, MPH, Assistant Secretary of Labor for OSHA, wrote a letter to the communication tower industry about the rise in falls from communication towers, indicating that “every single one of these tragedies was preventable.”

According to Michaels, the industry has experienced an “alarming increase in
Continue Reading Michaels Warns Communication Tower Industry About “Preventable” Worker Deaths

By James L. Curtis and Meagan Newman

As much the East Coast of the U.S. is dealing with Hurricane Sandy it is important to keep in mind that the dangers of a storm of this magnitude persist long after the winds, rains and sleet have passed.

Storm and flood cleanup activities can present hazards to workers and volunteers. Before embarking
Continue Reading After the Storm: Clean-up is Hazardous so Plan Accordingly

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 properly plead by the Occupational

Continue Reading General Duty Clause and Company Polices — Review Commission Finds Issues Not Properly Tried

By James L. Curtis and Craig B. Simonsen

In a recent Occupational Safety and Health Review Commission (OSHRC) case, Secretary v. Nuprecon, LP, No. 08-1037 (February 7, 2012), the Commission found that an Occupational Safety and Health Administration (OSHA) citation cannot be based upon OSHA’s speculation as to what might happen, but rather must be based upon actual employee

Continue Reading Occupational Safety and Health Review Commission Finds It Was Not “Reasonably Predictable” that Bobcat Operator Would be Exposed to Fall Hazard