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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. -
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. -
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." -
OSHA Targets for 2005 ( August 2004 )
Although it seems OSHA has been in hibernation from inspecting manufacturing employers, the agency has turned its attention toward construction-industry inspections, targeted employers with high workers' compensation injury rates and expanded its legal authority. -
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. -
Toxic Mold: a Real, "Growing" Concern ( October 2002 )
Move aside asbestos, radon and lead paint—as mundane a substance as it may seem, the environmental hazard du jour is mold. Nationwide reports document the substantial concern that mold has attracted from environmental and health agencies, courts, insurance companies, employers and employees, multi-family property owners and, predictably, personal injury lawyers. Even Erin Brockovich (the real one, not Julia Roberts) has sued her builder for mold that developed in her home.
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