By A. Scott Hecker, Adam R. Young, James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a staffing agency, whether or not
Continue Reading OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance
By James L. Curtis, Mark A. Lies, II, Adam R. Young, Patrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: OSHA Region V has recently adopted an Instruction to establish a Regional Emphasis Program (REP) for conducting inspections of select manufacturing industries with hearing loss rates higher than the national average.
Continue Reading Hear! Hear! Midwest OSHA Region Introduces Regional Emphasis Program for Noise Hazards and Programmed OSHA Inspections at Manufacturers
By Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: OSHA recently updated its National Emphasis Program on Amputations in Manufacturing Industries (NEP), adding a targeting methodology for industries with high employer-reported amputation statistics. Instruction CPL 03-00-022 (Dec. 10, 2019).
We had previously blogged about the previous 2015 update, OSHA Updates Emphasis Program on
Continue Reading OSHA Updates National Emphasis Program on Amputations in Manufacturing Industries
By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: We had blogged previously that OSHA appealed an Administrative Law Judge (ALJ) ruling that severely limited OSHA’s Multi-Employer Worksite Doctrine and citation of a “controlling employer” general contractor. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. August 4, 2017). The Fifth
Continue Reading Fifth Circuit Last to Uphold OSHA’s Multi-Employer Worksite Doctrine
By James L. Curtis, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17).
This case involves an unprotected excavation at a construction site that both parties agreed was in
Continue Reading 5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation
By Benjamin D. Briggs, Brent I. Clark, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: In an interesting outcome, an OSHRC Administrative Law Judge recently vacated a citation to an alleged “controlling employer” based on 5th Circuit precedent – despite being contrary with OSHA policy and other OSHRC precedent.
A recent
Continue Reading “Controlling Employer” Doctrine Reviewed and Vacated by OSHRC Law Judge
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