December 17, 2017

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Continued Enforcement - OSHA

OSHA and its state counterparts have also continued to issue enforcement press releases not just for issued citations, but also for finalized settlement agreements. OSHA issued a total of 13 such releases in November. The tone of some of the recent news releases discussing settlement agreements is reminiscent of the press releases from the previous administration’s regulation by shaming campaign.

While a more cooperative attitude may be on the horizon, OSHA continues to strenuously enforce its standards.

OSHA and its state counterparts continue to actively pursue significant citations against employers. On November 17, 2017, OSHA issued a Citation and Notification of Penalty to Didion Milling, Inc. with a proposed penalty of more than $1.8 million. According to OSHA’s press release, “OSHA cited Didion’s Cambria facility with 14 willful – including eight willful per-instance egregious – and five serious citations, most involving fire and explosion hazards. The company has been placed in OSHA’s Severe Violator Enforcement Program.”

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About this Author

Daniel Flynn, Dinsmore Law Firm, Environmental and Safety and Health Attorney
Partner

Dan, a member of the Environmental Practice Group, focuses much of his practice on environmental, health and safety issues.

He has represented companies across general industry and construction with matters involving the Occupational Safety and Health Administration (OSHA), ensuring local and national clients minimize liability from OSHA enforcement actions by counseling clients on proper compliance with all OSHA standards and on proper inspection management techniques. If citations are issued, he helps clients develop and evaluate settlement...

312-837-4305
Jason M. Nutzman, Dinsmore Law, Labor Lawyer, Mine Safety Attorney
Partner

Jason Nutzman is a member of the Labor & Employment Department and Mine Safety & Health Practice Group. Jason represents clients before the Federal Mine Safety and Health Review Commission in accident investigations, special investigations, and discrimination investigations conducted by the Department of Labor with respect to the
Mine Safety and Health Act.

In his practice, he works with human resource managers and in-house counsel providing employment advice and litigation support to employers. Jason also provides employment counseling to employers from the beginning of the employment relationship through termination and employment advice covering all types of discrimination and wrongful discharge, FMLA, ADA, ADEA and FLSA issues, and non-compete agreements. Jason is also experienced in representing clients regarding labor issues, including dealing with unions during a labor campaign and assisting management with a unionized workforce.

(304) 357-9938
Robert Huston Beatty Jr, Dinsmore Shohl Law Natural Resources Litigation, lawyer
Partner

Robert Huston Beatty, Jr. is a member of the Natural Resources Practice Group. Bob represents mine operators before federal and state administrative agencies, federal courts, and state courts. He also provides pre-enforcement consulting services, including comprehensive training for mine managers and safety professionals.

Education

J.D., West Virginia University College of Law (1993)
B.A., West Virginia University (magna cum laude, honors scholar, 1990)

Bar Admissions

West Virginia

304-225-1412
Anna Skinner, Dinsmore Law Firm, Environmental and Litigation Attorney
Associate

Anna Claire is a member of our Litigation Department where she focuses her practice on environmental law. Her experience includes assisting clients on environmental issues in the context of business transactions and compliance counseling. Anna Claire has extensive experience with Clean Air Act enforcement and compliance issues and has helped clients against environmental enforcement initiatives directed at electric utilities. She also has experience in many aspects of discovery and trial preparation, including factual investigation, drafting motions, and witness...

859-425-1065