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

By Mark A. Lies, II and James L. Curtis

In this recent case the Occupational Safety and Health Review Commission (OSHRC) found that the Secretary had not established employee exposure because, although the cited standard applied to the electrical adaptor at issue, “grounding is not necessarily required for all equipment that could be plugged into it.” The Occupational Safety and

Continue Reading Occupational Safety and Health Review Commission Reaffirms that OSHA Must Prove Employee was Exposed to a Hazard