By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has recently released its FY 2013 Comprehensive Federal Annual Monitoring Evaluation (FAME) Reports.

The FAME Reports include OSHA’s evaluation of the twenty seven approved State Plans each fiscal year. According to federal OSHA’s Reports, penalties proposed by state workplace safety and health regulators continue to
Continue Reading OSHA Annual Review of State OSHA Programs

By Andrew H. Perellis and Craig B. Simonsen

EPA has amended its Civil Monetary Penalty Inflation Adjustment Rule. 78 Fed. Reg. 66643 (Nov. 6, 2013).

Under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (DCIA), the EPA is required to amend its regulations for adjusting for inflation the statutory
Continue Reading EPA Amends (Slightly) the Civil Monetary Penalty Inflation Adjustment Rule

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

The DC Circuit has just remanded a case to the Mine Safety and Health Review Commission because the Commission failed to explain its departure from its own precedent.

Failure to Contest Proposed Penalties Not Fatal

In this case the mine operator had contested an MSHA citation, but not the
Continue Reading MSHRC Failed to Explain Departure From Its Precedent

Seyfarth Shaw OSHA practice partner Meagan Newman was quoted recently in an IndustryWeek article discussing workplace violence.

“Every employer should be thinking about the potential for workplace violence and what steps they might take to prevent or address it.” Newman cites to a case where a Texas convenience store in 2012 had a robbery that resulted in the death
Continue Reading Operations: Review Workplace Violence Procedures, For Safety’s Sake