Federal Court Upholds OSHA’s Expansive Subpoena Power
The United States District Court (E.D.N.Y.) recently ruled that the Occupational Safety & Health Administration (OSHA) has authority to issue administrative subpoenas duces Tecumseh...
Is Arbitration All It’s Cracked Up To Be?
In the late 1980s, early 1990s, alternative dispute resolution came on the scene and was all the rage as a means to effectively and...
OSHA Proposes New Safety & Health Management Guidelines
OSHA has published new proposed guidelines for establishment of workplace occupational safety and health management programs (SHMP), with public comment accepted until February 22,...
OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?
Since OSHA’s mission statement is “to assure safe and healthful working conditions for working men and women,” it’s no surprise that its enforcement authority...
Unpreventable Employee Misconduct: Series on the Affirmative Defense
Part 3 of 4: Self-Inspection
By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq.
In parts one and two of this four-part series addressing the...
Contracting to Minimize Risk
Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...
Contesting an OSHA Citation
If you receive an OSHA citation, you need to make a decision relatively quickly on how to respond. One option is to immediately request...
The Colorado Decision
Currently, 23 states and the District of Columbia have legalized medical use of cannabis (some in all forms, other states have legalized CBD oil...
Weather Delays
A Few Tips on Entitlement and Quantification
Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...
Minimizing OSHA Liability : More Than an Ounce of Prevention
OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have...