By James L. Curtis, A. Scott Hecker, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On September 15, 2022, U.S. Department of Labor’ Occupational Safety and Health Administration announced expanded criteria for placement in its Severe Violator Enforcement Program (“SVEP”). The new criteria widens the scope of applicable violations to
Continue Reading DOL Adopts an Expanded OSHA Severe Violator Enforcement Program
By Patrick D. Joyce, Ilana R. Morady, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from panels that discussed California Workplace Violence and Indoor Heat Rules, Issues under the Freedom of Information Act, OSHA’s
Continue Reading Day Three at the ABA Occupational Safety and Health Law Committee Midwinter Meeting
By Brent I. Clark, Patrick D. Joyce, Ilana Morady, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard from the Director of the National Institute for Occupational Safety and Health on Coronavirus and Opioids,
Continue Reading Coronavirus and Technology in the Workplace – Day Two at the ABA Occupational Safety and Health Law Committee Midwinter Meeting
By Brent I. Clark, Patrick D. Joyce, Adam R. Young, and Daniel R. Birnbaum
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who discussed the recent Occupational Safety and Health Review
Continue Reading Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting
By Brent I. Clark and Craig B. Simonsen
Last week OSHA issued its updated National Emphasis Program on Amputations (NEP). Instruction CPL 03-00-019 (June 30, 2015). Take that juxtaposed against OSHA’s citation in a recent case where on his first day on the job a 21-year-old employee suffered severe burns and the loss of four fingers.
National Emphasis Program on
By Brent I. Clark and Craig B. Simonsen
Thomas Galassi, Director of OSHA’s Directorate of Enforcement Programs, through a very short Memorandum (Memo), announced that OSHA has just added employers in the Oil and Gas Production Services and Drilling and Well Servicing industries to its High-Emphasis Hazards in the Severe Violator Enforcement Program.
We have written previously about steady growth
Continue Reading OSHA Adds “Upstream Oil and Gas” to List for Severe Violator Enforcement Program
By Benjamin D. Briggs, Ilana R. Morady, and Kerry M. Mohan
To cap off the winter ABA conference, on Friday the conference discussed recent OSHA Review Commission decisions involving deference given to the Secretary’s interpretation, heat illness, and combustible dust.
Chief Judges Rooney (OSHRC) and Lesnick (MSHRC) discussed ethical and professional behavior before the Court, reminding attorneys to
Continue Reading Update from the ABA OSHA/MSHA Conference
By James L. Curtis and Craig B. Simonsen
Consistent with its threats to aggressively pursue employers who expose employees to workplace hazards, the Occupational Safety and Health Administration has cited an Illinois metal fabricator for twelve alleged violations, including one willful and six serious citations, and issued a $317,000 penalty under the national and regional emphasis program on primary metal
Continue Reading Metal Fabricator Gets Willful Citation and Put Into OSHA’s Severe Violator Enforcement Program
By James L. Curtis and Craig B. Simonsen
OSHA has recently posted to its website its Severe Violator Enforcement Program (SVEP) White Paper and concludes that “employers have been paying attention”.
The SVEP, which became effective on June 18, 2010, was intended to focus enforcement efforts on “recalcitrant employers” who demonstrate indifference to the health and safety of their employees
Continue Reading OSHA Publishes Severe Violator “White Paper”
By James L. Curtis and Craig B. Simonsen
Consistent with its threats to aggressively pursue employers who allegedly expose employees to hazardous chemicals and respiratory hazards, the Occupational Safety and Health Administration has cited a Wisconsin iron foundry for twenty-eight health violations, including three repeat citations, under the national and regional emphasis program on primary metal industries.
OSHA also unilaterally