By James L. CurtisMatthew A. Sloan, and Craig B. Simonsen

Seyfarth Synopsis: The 15-day statutory deadline to contest federal OSHA citations has been the subject of recent litigation in the 5th and 11th Circuits and before the Occupational Safety and Health Review Commission. In those cases, after having their contests to the citations dismissed for failure
Continue Reading Don’t Be Late — Missed Deadlines and Late Appeals of OSHA Citations During the Pandemic

By Mark A. Lies, II, Adam R. Young, and Kay R. Bonza

Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single unforeseen human error. Coleman Hammons Constr. Co., Inc. v.
Continue Reading Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations

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