By Mark A. Lies, II, James L. Curtis, Daniel Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: New Review Commission decision refines the definition of what OSHA must prove to establish a “Repeat” violation.
On September 30, 2008, OSHA issued a citation to Angelica Textile Services, Inc., a commercial laundry, alleging ten Serious and four Repeat items.
Continue Reading Angelica Decision (Finally) Enhances OSHA’s Burden to Establish a Repeat Citation
By James L. Curtis and Craig B. Simonsen
On International Workers’ Memorial Day, U.S. Senator Al Franken, the top Democratic Senator on the Employment and Workplace Safety Subcommittee, introduced legislation to amend the Occupational Safety and Health Act.
The legislation would expand OSHA’s coverage to include public employees. The bill would also significantly increase penalties for OSHA citations, raising
Continue Reading Senator Al Franken Introduces Protecting America’s Workers Act
By Brent I. Clark, Kerry M. Mohan, and Craig B. Simonsen
As part President Barack Obama’s “Year of Action,” on July 31st he signed an Executive Order (EO) on “Fair Pay and Safe Workplaces” that requires prospective federal contractors to disclose labor law violations, and will provide “federal agencies guidance on how to consider labor violations when
Continue Reading Got an OSHA Citation? Watch Out! – Obama Legislates “Fair Pay and Safe Workplaces” With Executive Order
Consider this not-so-hypothetical example. An employer in California receives a citation from Cal/OSHA for a relatively minor safety violation involving no employee injuries. Maybe the citation was for inadequate training on a particular workplace hazard. The citation carries with it a penalty of $500. The employer could appeal the citation, and spend perhaps thousands of dollars
Continue Reading Cal/OSHA Considers Changes to Its Policy on “Repeat” Violations — With Significant Implications for Employers
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 James Curtis
OSHA Hitting Employers With Significant “Repeat” Penalties
On July 13, 2011, OSHA issued $104,000 in serious and repeat citations to a national retail chain for workplace hazards relating to ladder use, storage shelving, emergency exit routes and electrical panels, many routine safety issues encountered in the hospitality industry. Significantly, $99,000 of the penalties were for violations classified