By Benjamin D. Briggs, A. Scott Hecker, Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose of
Continue Reading Who Let the Docs Out? OSHA Intends to Expand Subpoena PracticesBy James L. Curtis, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: The 15-day statutory deadline to contest federal OSHA citations has been the subject of recent litigation in the 5th and 11th Circuits and before the Occupational Safety and Health Review Commission. In those cases, after having their contests to the citations dismissed for failure
Continue Reading Don’t Be Late — Missed Deadlines and Late Appeals of OSHA Citations During the Pandemic
By Mark A. Lies, II, Adam R. Young, and Kay R. Bonza
Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single unforeseen human error. Coleman Hammons Constr. Co., Inc. v.
Continue Reading Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
Employers are reminded of a difficult lesson by a recent administrative law judge decision on “excusable neglect.” Secretary v. Progressive Interest, Inc., OSHRC No. 12-1805.
According to the administrative law judge the citation in this matter was issued to the company on July 30, 2012, received by certified
Continue Reading Don’t Be Late — Review Commission Law Judge Finds Notice of Contest Filed Late Was Inexcusable Neglect