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 Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018.
The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for violations of various environmental regulations. 83 Fed. Reg. 1190 (January 10, 2018).
By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The DOL has published its 2018 OSHA civil penalties.
We had blogged previously about the U.S. Department of Labor’s (DOL) 2017 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL has now finalized the 2018 inflation adjustments which will nudge
Continue Reading OSHA Civil Penalties Going Up Again – Adopts 2018 Maximums
By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The DOL has published its 2017 OSHA civil penalties.
We had blogged previously about the U.S. Department of Labor’s (DOL) 2016 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL has now finalized the 2017 inflation adjustments which will nudge
Continue Reading OSHA Civil Penalties Going Up Again – Adopts 2017 Maximums
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: OSHA just updated its annual list of the top ten cited standards. The list provides a starting point for employers reviewing their own safety programs.
OSHA just announced the Agency’s annual listing of the “Top Ten Most Frequently Cited Standards.” OSHA’s release noted that, “one remarkable thing about the
Continue Reading OSHA Updates and Publishes “Top Ten” Most Frequently Cited Standards
By Andrew S. Boutros, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences for conduct resulting in worker deaths. Make sure that your company’s safety programs and
Continue Reading Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts.
In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA) issued interim final regulations adjusting the maximum civil penalty dollar amounts for violations of
Continue Reading Maximum Civil Penalties for Violations of Environmental Statutes are now Significantly Higher After Inflation Adjustment
By Brent I. Clark, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA finalized a 78% increase to per violation penalties.
In a an interim final rulemaking published last week, the U.S. Department of Labor (DOL) finalized amendments to adjust the maximum civil penalty dollar amounts for OSHA violations. 81 Fed. Reg. 43430 (July 1, 2016).
Continue Reading FINAL UPDATE: OSHA Finalizes New Maximum Civil Penalties
By Brent I. Clark and Ilana R. Morady
Expedited Hearings
A hot topic today is developments in the law of California OSHA (Cal-OSHA). Panel members are discussing the new and controversial rule on expedited proceedings under 8 CCR 373. Under the expedited proceedings rule, cases are put on a fast track when abatement has been appealed or abatement has not
Continue Reading Update from the ABA OSHA Conference — Cal-OSHA Developments
By Patrick D. Joyce, Jeryl L. Olson, and Craig B. Simonsen
The U.S. Environmental Protection Agency is modernizing its self-disclosure policy, commonly known as the Audit Policy, through a centralized “eDisclosure Portal” to receive and automatically process self-disclosed civil violations of environmental laws. 80 Fed. Reg. 76476 (December 9, 2015).
The new Portal will serve as
Continue Reading EPA Modernizes the Audit Policy