English Language Training
An article on a growing area of liability, training of employees who have literacy and language barriers. Many OSHA citations are arising out of this issue. Read full article here.
Defending Duplicative OSHA Citations
Recently, we have begun to see many instances where employers receive many OSHA citations which appear to allege substantially similar violations, some of which contain separate monetary penalties. In many instances, these citations are properly identified as “duplicative” and should not have been issued and should be vacated. Unfortunately, unless the employer is aware that […]
Disaster Recovery and Employee Safety
As you know, unfortunately there have been a number of recent man-made and natural disasters, each of which may expose employees to hazards in the workplace during the event and the subsequent response. The enclosed article discusses the liability issues, as well as applicable OSHA regulations, to provide some guidance to employers in the event […]
Smalis Painting Article
The enclosed article is an extensive discussion of a recent OSHA Review Commission case that illustrates how an employer can become involved with OSHA in escalating citations and penalties that can be overwhelming and potentially threaten the employer’s existence. The employer, a construction company, received a series of OSHA lead citations over a two year […]
Enhanced OSHA Liability for Controlling Employers
This article analyzes the recent Federal Circuit Court of Appeals decision in Summit Contractors in which the Court reversed the OSHA Review Commission and reaffirmed the “multi-employer” worksite liability doctrine which imposes civil and criminal potential liability on the “controlling employer” on a multi-employer worksite. We expect to see an increase in citation activity against […]
Balancing the ADA with Safety
The Americans with Disabilities Act (“ADA”), which was amended on January 1, 2009, requires employers to reasonably accommodate qualified individuals (employees and potential employees) with disabilities. 42 U.S.C. § 12112(b)(5)(A). The ADA further prohibits any discrimination against qualified individuals that adversely affects the individual’s terms and conditions of employment (hiring, promotion, compensation, training, etc.). Id. § 12112(a). Often times […]
Unavoidable Employee Misconduct Defense to OSHA Liability
As most employers are (or should be) aware, there are literally hundreds and, in some industries, thousands of federal and state OSHA regulations regarding occupational safety and health which may apply and which create potential civil and criminal liability for the employer and managers. This article will discuss the primary defense available to an employer […]
Increased Risk of an OSHA Repeat Citation
If OSHA issues a citation following an inspection, employers are frequently tempted to settle quickly and informally for a reduced penalty rather than contest the citation which may have no factual or legal support without considering future consequences. By foregoing potential factual and legal defenses for a quick and easy resolution of a citation involving […]
OSHA Enforcement – Willful Citations Increase Employer Liability Risk
OSHA’s current preference for willful violations is often at odds with the standard of proof required for a willful violation. A willful violation is committed either intentionally or with plain indifference to the requirements of the Occupational Safety and Health Act. This contrasts with a serious violation, which requires only that the employer “knew or […]
OSHA’s Recordkeeping National Emphasis Program Creates Employer Liability
OSHA recently announced a National Emphasis Program (NEP) directed toward record keeping (OSHA 300 LOG) which is discussed in this article. While the program is directed at specified industries, in fact, it will also have an impact on employers who are not within the program industries because the NEP has heightened OSHA’s overall degree of scrutiny […]
