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. Clark, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth 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
Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the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
Seyfarth 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
By Brent I. Clark, James L. Curtis, Benjamin D. Briggs, Mark A. Lies, II, and Craig B. Simonsen
Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or illness which continues for
Continue Reading Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records
By Mark A. Lies, II, Brent I. Clark, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period.
The Occupational Safety and Health Administration announced last week a new final rule that “clarifies an
Continue Reading OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And Illnesses
By Ilana R. Morady and Craig B. Simonsen
OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29, 2015).
We had blogged previously about the D.C. Circuit Court of Appeals opinion in AKM
Continue Reading OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old
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
Applying the Commission’s existing single employer test, it was agreed that all the facilities shared a common president, chief executive officer, and chief financial officer. It was also agreed that the facilities did not share a common worksite. So, a key element under review was whether the entities had interrelated and integrated operations. The Court upheld the Commission’s conclusion that the parent company could exercise control over the facility but that, “in practice, local personnel supervised safety matters at the facility.”
Continue Reading Federal Appellate Court Finds that Different Facilities Were Not a Single Employer
By Mark A. Lies, II, Brent I. Clark, and Craig B. Simonsen
The D.C. Circuit Court of Appeals recently found, in AKM LLC v. Secretary of Labor, — F.3d —-, 2012 WL 1142273 (DC Cir., April 06, 2012), that where the Occupational Safety and Health Administration (OSHA) had issued certain recordkeeping citations and penalties for alleged errors