By James L. CurtisMatthew 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 Patrick D. JoyceIlana 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. ClarkPatrick D. JoyceIlana 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 James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general contractor. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. August 4, 2017).  The Fifth
Continue Reading Fifth Circuit Last to Uphold OSHA’s Multi-Employer Worksite Doctrine

By Brent I. ClarkIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis:  The Occupational Safety & Health Review Commission (Review Commission) issued two orders this month — the first we have heard from the Review Commission since April 27, 2017.  The orders followed, on August 28, 2017, James J. Sullivan, Jr., being sworn in as
Continue Reading OSHA Review Commission Back in Business

By James L. Curtis, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17).

This case involves an unprotected excavation at a construction site that both parties agreed was in
Continue Reading 5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

By Benjamin D. Briggs, Brent I. ClarkJames L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

iStock_000042612884_MediumSeyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and other OSHRC precedent.

A recent
Continue Reading “Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

iStock_000009254156LargeSeyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on injury recordkeeping violations to six months.

Prior to 2012, OSHA’s longstanding position
Continue Reading OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

iStock_000009254156LargeSeyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission.

Heather L. MacDougall has recently been re-nominated by President Trump to the Occupational Safety and Health Review
Continue Reading Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission