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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. -
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." -
Safety-Policy and Training Deficiencies ( December 2002 )
Proper safety policies and implemented training remain cornerstones to an effective safety program. When deficiencies crop up, OSHA and plaintiff 's lawyers have a pipeline to serious citations or intentional tort civil claims. -
Who Pays for Safety Shoes? ( February 2002 )
OSHA standard 1910.136 for occupational foot protection requires as follows: "General requirements. The employer shall ensure that each affected employee uses protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, piercing the sole and where such employee's feet are exposed to electrical hazards." -
OSHA Seeks to Step Up Enforcement of Criminal Penalties and High-Gravity Citations ( August 2005 )
OSHA increases its enforcements efforts by pursuing potential criminal prosecutions against corporate officers for high gravity citations especially when fatalities occur in the workplace. -
Increased Liability To Third Parties From Cal-OSHA Violations ( March 2005 )
California Supreme Court holds Cal-OSHA regulations may be used to establish standards and duties of care in negligence actions against companies by third parties. -
DHS Issues Interim Rule Implementing the SAFETY Act ( October 2003 )
On October 10, 2003, Secretary of Homeland Security Tom Ridge signed an interim rule implementing the SAFETY Act. The interim rule is effective immediately and formally launches the application, review, and acceptance process that informally began on September 1, 2003. The interim rule also seeks another round of comments to be submitted within sixty days after the date the interim rule is published in the Federal Register.
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