reasonably foreseeable

By James L. Curtis and Craig B. Simonsen

In order to prove an OSHA violation the Secretary of Labor must show that the employer had “knowledge” of the violation. Often that is established through supervisors because a supervisor’s knowledge can be imputed to the company.

However, what do you do when the supervisor is the one engaged in the wrongful
Continue Reading Employer Liable for Supervisor Actions? Well, Not Always

By James L. Curtis and Craig B. Simonsen

In a recent Occupational Safety and Health Review Commission (OSHRC) case, Secretary v. Nuprecon, LP, No. 08-1037 (February 7, 2012), the Commission found that an Occupational Safety and Health Administration (OSHA) citation cannot be based upon OSHA’s speculation as to what might happen, but rather must be based upon actual employee

Continue Reading Occupational Safety and Health Review Commission Finds It Was Not “Reasonably Predictable” that Bobcat Operator Would be Exposed to Fall Hazard