recognized hazard

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By James L. Curtis, Meagan Newman, and Kerry Mohan

“When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the…
Continue Reading DC Circuit Denies Review of OSHA Citation Against SeaWorld: What Does this Mean for the Circus, Football…or Healthcare Providers?

By Brent I. Clark and Meagan Newman

In a recent decision, affirming Administrative Law Judge Phillips’ order vacating a general duty clause citation, the Review Commission held that manufacturer instructions–even where coupled with an industry standard–were insufficient proof of hazard recognition as needed to sustain a general duty clause violation.  The Review Commission focused on the issue of industry…
Continue Reading Review Commission Says Manufacturer Recommendations and Consensus Standard Not Enough for General Duty Clause Violation