Category: Enforcement and Inspection

As today’s workplace becomes more complex, regulation of that workplace increases. In this section, you’ll find the practical advice you need to understand exactly what OSHA, other federal agencies, and their state counterparts, require of you, and to comply in the ways that best satisfy both your and their needs. Look also for important court decisions, advice on how to handle enforcement actions, and news of upcoming changes in workplace health and safety law.

Free Special Report: What to Expect from an OSHA Inspection

State Court Jurisdiction Upheld by 7th Circuit in Environmental Case

Two types of jurisdiction were central to a case in which two plaintiff companies deposited hazardous waste generated in Colorado into industrial wells in Illinois. The Illinois Environmental Protection Agency (IEPA) found that the injections were conducted without the required Class I permit and brought charges against the companies before the Illinois Pollution Control Board […]

Warehouse safety

OSHA’s Citation and Fine of Wal-Mart Vacated

An Administrative Law Judge (ALJ) vacated OSHA’s citation of Wal-Mart and one of its contractors for alleged violations of the lockout/tagout standard. The alleged violation was cited following an incident in which a worker at a Brundidge, Alabama, distribution center was struck by an automated trolley October 18, 2016, and sustained a serious leg injury.

OSHA log

Breaking: Higher OSHA Penalties Now in Effect!

OSHA’s final rule to increase its civil penalties by approximately 2.5% for 2019, with a new maximum single-violation penalty for willful and repeat violations of $132,598, has been published in the Federal Register and took effect immediately on January 23, 2019. The penalty increases adjust for inflation as required by the Federal Civil Penalties Inflation […]

EPA Offices, Washington DC

EPA Has Eased Up on Criminal Enforcement

Using data from the U.S. Department of Justice (DOJ), Public Employees for Environmental Responsibility (PEER), a liberal environmental group, reported that the EPA’s criminal enforcement division under President Donald Trump is reaching new lows in the number of referrals for prosecution it makes to the DOJ.

Marijuana grow operation

Explosion and Injury at Marijuana Processor Leads to Citation

The California Division of Occupational Safety and Health (Cal/OSHA) cited a marijuana producer for a workplace explosion in which an employee suffered burns. As the marijuana industry takes hold in states allowing recreational marijuana use, state agencies are taking steps to ensure compliance with worker safety and health standards.

Good Faith Helps in Judge’s Review of Safety Penalty

An administrative law judge with the federal Occupational Safety and Health Review Commission (OSHRC) took the middle ground in a dispute between OSHA and a small grain seed-handling business in North Dakota over the amount of a monetary penalty OSHA assessed for multiple violations of worker safety standards. The case can serve to illustrate the […]

OSHA’s On-Site Consultations Save Money, Reduce Injuries

In August 2018, OSHA issued a “working paper” that comprised the Agency’s first assessment of the “societal benefits” of its On-Site Consultation (OSC) program. The benefits come in multiple forms—workplace hazards identified, injuries avoided, and monetary benefits, including worker income not lost and costs avoided for employers and workers’ compensation.