By Mark A. Lies, II and Meagan Newman

The 10th Circuit Court of Appeals recently issued a decision that effectively and measurably lowers OSHA’s burden of proof to establish an OSHA violation to “what a reasonably prudent employer would do.” Compass Environmental, Inc. v. Occupational Safety and Health Commission; Department of Labor, No. 10-9541 (Dec. 19, 2011). The decision
Continue Reading Court Lowers Burden of Proof for OSHA

By Mark A. Lies II and Elizabeth Leifel Ash

On August 17, 2009, three journeymen electricians from M. C. Dean (Dean), an outside contractor, were servicing electrical installations at a warehouse owned by Ryder Transportation Services (Ryder).  One of the journeymen electricians fell through a skylight on the warehouse roof and suffered fatal injuries.  Following this accident, the Occupational Safety and

Continue Reading “Am I Management?” New OSHA Case Blurs Lines Between Employees And Supervisors During Inspections