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OSHA in the New Millennium ( February 2001 )
OSHA will focus on ergonomics, willful-accident investigations, lockout-tagout, fall protection, chemicals and targeted inspections as we start the new millennium. With one of three Review Commission (OSHA court) members resigning and a second member on a one-year recess appointment term, President Bush is expected to select a new majority on the Commission. Issues of interpretation continue to occupy more case-law rulings. Recent cases reflect these trends. -
What is "Training"? ( January 1996 )
Companies everywhere these days are being cited by OSHA and sued in product liability or related civil lawsuits for not "training" their employees in the potential hazards and precautions to take in their jobs. Similarly, the overwhelming number of product liability suits contain a failure to warn or instruct users properly about safe operating procedures or potential product condition hazards. -
Willful Blindness ( November 2002 )
The Washington ,D.C., Federal Circuit Court of Appeals came down hard on a corn- refining company that reportedly ignored serious dust and electrical explosion hazards and noncompliance written reports. The OSHA Review Commission's determination of 89 willful citations were upheld on appeal against A.E. Staley Mfg. Co. on July 23, 2002. -
The Power of Associations in Court ( March 2002 )
A recent case in the 5th Circuit U.S. Court of Appeals revealed that appellate courts are interested in granting intervention to associations in OSHA cases and learning about industry practice and the impact of new interpretations upon safety practices. The case is Trinity Marine Nashville Inc. v. OSHRC and Secy. Of Labor (No. 00-60673, decided December 5, 2001). -
Employee Misconduct Defense ( March 2003 )
Employers raise employee misconduct as often as any defense to OSHA citations. If proven to exist by the employer, this defense eliminates the citation and penalty related to employee misconduct. -
Failure to Follow Lockout Procedures Triggers Ohio Workplace Civil Liability ( February 2003 )
To prove an intentional workplace tort for civil employer liability in Ohio, a worker must show that the employer 1) had knowledge of a workplace hazardous task or process, 2) had knowledge that if a worker carried out the hazardous task, that injury to the worker would be a "substantial certainty" and 3) despite having this knowledge, the employer still "required" the worker to perform the dangerous task. -
New Clauses in OSHA Settlement Agreements Following Major Accidents ( January 2002 )
OSHA is seeking several new clauses from employers settling industrial accident citations. Here are some of the latest: 1) Comprehensive Safety and Health Program—OSHA administrators indicate they seek this clause as a management commitment to address all potential hazards in the workplace. This demand frequently encompasses, in OSHA's mind, a commitment by management to educate workers to recognize all hazards in their respective work areas. -
OSHA Penalty Pitfalls ( May 2002 )
Kaspar Wire Works, Inc. was cited by OSHA for more than 400 alleged willful and serious violations, mostly OSHA 200 recordkeeping violations of various standards with some $41 million in proposed penalties. OSHA used its disputed authority to make each recordkeeping failure to record injuries on the OSHA 200 log as a separate citation item. It based the per-instance separate penalties assessment on a claim that Kaspar's violations were "egregious and willful."
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