Skip to main content

June 5, 2023

Volume XIII, Number 156

National Law Review
  • Login
  • Mdn
  • FB
  • twt
  • link
  • home
  • rss
Advertisement
  • logo
  • Publish / Advertise with Us
    • Publish
    • Advertise
    • Publishing Firms
    • E Newsbulletins
    • Law Student Writing Contest
    • Contact Us
    • Terms of Use
    • Privacy Policy
    • Join Our Team
    • Search
  • Trending Legal News
    • Most Recent
    • Legal News Podcast
    • What's Trending
    • Type of Law
      • Antitrust Law
      • Bankruptcy & Restructuring
      • Biotech, Food & Drug
      • Business of Law
      • Construction & Real Estate
      • Cybersecurity Media & FCC
      • Election & Legislative
      • Environmental & Energy
      • Family, Estates & Trusts
      • Financial, Securities & Banking
      • Global
      • Health Care Law
      • Immigration
      • Insurance
      • Intellectual Property Law
      • Labor & Employment
      • Litigation
      • Public Services, Infrastructure, Transportation
      • Tax
      • White Collar Crime & Consumer Rights
    • E Newsbulletins
    • Legal Educational Events
    • NLR Blog
    • Search
  • About Us
    • About the NLR
    • NLR Team
    • Publishing Firms
    • E Newsbulletins
    • NLR Thought Leadership Awards
      • 2018
      • 2019
      • 2020
      • 2021
      • 2022
    • NLR Blog
    • Contact Us
    • Terms of Use
    • Privacy Policy
    • Search
  • Contact Us
    • Contact Us
    • E Newsbulletins
    • Publish
    • Advertise
    • Law Student Writing Contest
    • Search
  • Quick Links
    • Legal News Podcast
    • Type of Law
      • Antitrust Law
      • Bankruptcy & Restructuring
      • Biotech, Food & Drug
      • Business of Law
      • Construction & Real Estate
      • Cybersecurity Media & FCC
      • Election & Legislative
      • Environmental & Energy
      • Family, Estates & Trusts
      • Financial, Securities & Banking
      • Global
      • Health Care Law
      • Immigration
      • Insurance
      • Intellectual Property Law
      • Labor & Employment
      • Litigation
      • Public Services, Infrastructure, Transportation
      • Tax
      • White Collar Crime & Consumer Rights
    • E Newsbulletins
    • Legal Educational Events
    • Law Student Writing Contest
    • NLR Blog
    • Contact Us
    • Search
  • ENEWSBULLETINS

20

New Articles
Bottom Row Image
Advertisement

June 05, 2023

Subscribe to Latest Legal News and Analysis
  • Supreme Court Decision Cements Employers’ Ability to Sue for Strike... by: Steven J. Porzio and Alexander J. Blutman
  • US Federal Agencies Commit to Regulatory Enforcement of AI Systems by: Alya Sulaiman and Jason D. Krieser
  • Certain Employers in Ontario Are Now Required to Have Naloxone Kits... by: Mitch Frazer
  • Airline Sued Over Claims That it is “First Carbon-Neutral Airline” by: Sara Bussiere
  • Wetlands No More? U.S. Supreme Court Limits Federal Regulation of... by: Sarah A. Slack and Dorothy E. Watson
  • Challenges in Energy Project Development [Podcast] by: Joel Meister and David Markey
  • GeTtin' SALTy Episode 6 | Maryland Digital Advertising Tax—An in... by: Nikki E. Dobay and DeAndré R. Morrow

June 04, 2023

Subscribe to Latest Legal News and Analysis
  • Supreme Court FCA Scienter Ruling Revives Fraud Lawsuits Against... by: D. Jacques Smith and Randall A. Brater
  • Highlights for Research Institutions and Sponsors in FDA's... by: Michael H. Hinckle and Rebecca M. Schaefer
  • Texas Consumer Privacy Law Nears Governor’s Signature by: Amy C. Pimentel
  • Fraud or Art? Supreme Court Provides Copyright Clarity in Warhol Case by: David H. Siegel
  • En Banc Ninth Circuit Upholds Delaware-Forum Bylaw That Prevents... by: Jonathan E Richman
  • How to Develop a Client-Centric Approach to Business Development at... by: Stefanie M. Marrone
  • Supreme Court Holds NLRA Does Not Preempt Claims for Intentional... by: Eric C. Stuart and Daniel A. Adlong
  • SEC Issues Largest Whistleblower Bounty Award Ever To One Individual by: Steven J Pearlman and Joshua M. Newville
  • LinkedIn Company Page Master Class - Summer 2023 by: Stefanie M. Marrone
  • Drop in Chinese Utility Model Grants Accelerates in April 2023 in... by: Aaron Wininger
  • The Supreme Court Clarifies the Meaning of “Knowingly” Under the... by: Patrick M. Hagan and Jennifer Orr Mitchell
  • French Insider Episode 22: French Investments in the U.S. Wine... by: Sheppard, Mullin, Richter, & Hampton LLP
  • 17 Actionable Ways to Build Your Brand and Business by: Stefanie M. Marrone
  • Going ‘green’—what Does that Mean? FTC Proposes Revisions to Green... by: Lesli C. Esposito and Marisa E. Poncia
  • Unanimous Supreme Court Endorses Subjective Belief Standard for False... by: Conor O. Duffy and Seth B. Orkand
  • Compliance Update — Insights and Highlights May 2023 by: Memrie M. Fortenberry
  • Trending in Telehealth: May 23 – 30, 2023 by: Amanda Enyeart and Taylor Edward Hood
  • Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use by: Catherine A. Cano and Elaine Luthens
  • Washington’s My Health, My Data Act: What Types Of Data Are Regulated... by: David A. Zetoony
  • FDA Cracking Down on Unapproved HCT/Ps with Fourth Untitled Letter of... by: Dominick DiSabatino and Cortney Inman
  • Supreme Court Requires Traceability for Securities Act Claims Arising... by: Jonathan E Richman
  • How Small Actions Can Yield Big Results in Your Marketing and... by: Stefanie M. Marrone
  • Employment Tip of the Month – June 2023 by: Employment & Labor at Wilson Elser

June 03, 2023

Subscribe to Latest Legal News and Analysis
  • The Fact That Plaintiff Does Not Exist Does Not Deprive Court Of... by: Keith Paul Bishop
  • EEOC Issues Guidance Following Expiration of COVID-19 Public Health... by: Susan F. Wiltsie and Reilly C. Moore
  • New Washington Class Action Raises Concerns for Employers Under State... by: Laurence A. Shapero and Adam T. Pankratz
  • Delta Hit With Greenwashing Lawsuit Over Carbon Neutral Claims by: Megan Baroni
  • Can UK Administrators Apply For Conditional Discharge of Liability? by: Restructuring & Insolvency Practice at Squire Patton Boggs
  • Texas Appellate Court Upholds Shock Verdict and Rejects “Admission... by: Brian Del Gatto and Taylor H. Allin
  • ANOTHER ONE: Wolf Takes Down Citrix in TCPA Class Settlement Worth $2... by: Eric J. Troutman
  • Georgia Introduces New Commercial Financing Disclosure Requirements by: Moorari Shah and A.J. S. Dhaliwal
  • Irish Supervisory Authority "Poking" at Meta's GDPR... by: Claude-Étienne Armingaud and Whitney E. McCollum
  • ODH Finalizes Revised Health Care Services Rules by: Allen R. Killworth
  • Wisconsin Supreme Court Affirms Court of Appeals Decision that Anti-... by: Janet Cain
  • Sixth Circuit Ruling Offers Clarity on Jurisdictional Border Between... by: Zachary T. Byers
  • Michigan Passes Amendment to Elliott-Larsen Civil Rights Act to... by: Adam S. Forman and Jennifer Barna
  • DOE Intends New Energy Earthshot to Decarbonize Transportation and... by: Lynn L. Bergeson and Carla N. Hutton
  • U.S. Supreme Court: Federal Labor Law Does Not Bar State Torts for... by: Jonathan J. Spitz and Richard F. Vitarelli
  • EPA Completes Verification Analysis of PFAS Scientific Testing of... by: Lynn L. Bergeson
  • Nevada State Court Rulings Highlight Importance of Strategic... by: Michael S. Levine and Cary D. Steklof
  • Minnesota’s New Paid Family and Medical Leave, Sick Leave, Amended... by: Katharine C. Weber and Daniel L. Blanchard
  • Eight Easy Ways to Enhance Your Social Media Presence by: Stefanie M. Marrone

June 02, 2023

Subscribe to Latest Legal News and Analysis
  • China’s National Intellectual Property Administration to Cease... by: Aaron Wininger
  • Upcoming NYSE and NASDAQ Clawback Requirements by: Edward B. Crosland, Jr. and John J. Spidi
  • Beltway Buzz, June 2, 2023 by: James J. Plunkett
  • Latin America Energy Updates: January – April 2023 by: Erick Hernández Gallego and Luis Jorge Akle Arronte
  • U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach... by: Darling C. Gutierrez
  • IP Industry Comment Opportunity At USPTO: Strategies to Address... by: Pamela M. Deese and Emily B. Lewis
  • Court Declines to Halt Vineyard Wind Project by: Meghan E. Smith and Marisa Del Turco
  • NLRB Issues Memo on Non-competes Violating NLRA by: Sidney F. Lewis, V
  • Supreme Court Clarifies that Subjective (Not Objective) Knowledge of... by: Michael W. Paddock and David T. Fischer
  • Montana’s Comprehensive Privacy Law Signed by the Governor by: Julia B. Jacobson
  • U.S. Department of Education Delays Release of Title IX Final Rules... by: Federico G. Barrera and Lisa Karen Atkins
  • California’s Workplace Violence Bill Passes State Senate and Heads to... by: Karen Tynan and Robert C. Rodriguez
  • Leaves of Absence Four Key (and Surprising) Points for Navigating... by: Charles L. Thompson, IV and Stacy M. Bunck
  • Israel Approves the First Animal-Free Protein for Food Use by: David J. Ettinger and Jenny Xin Li
  • Pennsylvania AG Targets Rent-to-Own Company for Alleged Deceptive and... by: Moorari Shah and A.J. S. Dhaliwal
  • Heart-to-Heart on Reduction to Practice: When It Comes to Testing,... by: Thomas DaMario
  • Hairy Situation: Trademark Act Doesn’t Provide Consumer Standing by: Eleanor B. Atkins
  • Summer State/Local Law Round-Up, Part 2 of 2 (US) by: Shennan Harris and Scott G. Held
  • A Long Hot Summer: Effective Variable Rates Subject to Increase (... by: Les Jacobowitz and Nicholas A. Marten
  • U.S. Supreme Court Unanimously Finds Subjective Intent Controls in... by: John E. Kelly and Jacquelyn Papish

Article By

Employment, Labor, Workforce Management

Epstein Becker & Green, P.C.
OSHA Law Update
Epstein Becker and Green, P.C. Law Firm

Related Practices & Jurisdictions


  • Labor & Employment
  • All Federal
  • Printer-friendly
  • Email this Article
  • REPRINTS & PERMISSIONS
Tweet
Advertisement

Employers Beware: OSHA Fines Are on the Rise for the First Time in Twenty-Five Years

Wednesday, November 11, 2015

OSHA has been unable to increase the civil penalties it can impose when an employer is cited for a violation since 1990.  But that is all about to change. Hidden within the Bipartisan Budget Act of 2015, signed by President Obama on November 2, 2015, is a provision requiring OSHA to significantly increase its civil penalties. A one-time “Catch Up Adjustment” will be based on the percentage difference between the Consumer Price Index in October 2015 (to be released later this month) and October 1990 – resulting in a penalty increase of approximately 80%.  This means that the $7,000 cap on serious violations would grow to $12,600 and the $70,000 limit on willful and repeat violations would increase to $126,000.  Had OSHA applied this increase to fiscal year 2014 penalties, which totaled $143.6 million, the total would have jumped to $258.5 million.  After this initial adjustment is made, OSHA will be required to adjust penalties every year using the annual percentage increase in the Consumer Price Index.

Although the agency is not required to take the full penalty increase, it probably will.  OSHA has tried for years to convince Congress to increase the civil penalties the agency can impose when an employer is cited for a violation.  Most recently, on October 7, 2015, Assistant Secretary of Labor for OSHA, Dr. David Michaels, told a House subcommittee that the “most serious obstacle to effective OSHA enforcement of the law is the very low level of civil penalties allowed under our law, as well as weak criminal sanctions,” and that “OSHA penalties must be increased to provide a real disincentive for employers accepting injuries and worker deaths as a cost of doing business.”

The budget changes go into effect July 1, 2016 and the increased penalties will take effect by August 1, 2016 in all states regulated by Federal OSHA.  The law does not automatically apply to states regulated by State Plans, but since State Plan programs must be at least as effective as Federal OSHA, State Plans are likely to increase civil penalties as well.

This change adds yet another powerful weapon to OSHA’s growing enforcement arsenal.  OSHA under the Obama administration has made liberal use of the General Duty Clause, weighted inspections, and new reporting requirements – all of which have resulted is OSHA inspections of industries and employers that it has never targeted before.  Now more than ever, employers should be prepared for a potentially costly encounter with OSHA.

Employers are well-advised to:

  • Ensure that safety programs are comprehensive and up to date

  • Ensure that employees receive all necessary safety training, can demonstrate that they understood the training, and that all training is well-documented

  • Assess the workplace for hazards and address any identified hazards as quickly as possible

  • Talk with union representatives or employees at non-unionized facilities about their safety concerns and address any bona fide concerns as quickly as possible

Taking these steps will demonstrate the employer’s commitment to safety and help reduce the possibility of receiving what soon will be very costly OSHA citations.

©2023 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume V, Number 315
  • Printer-friendly
  • Email this Article
  • REPRINTS & PERMISSIONS
Advertisement

Latest Legal News & Analysis

Supreme Court Decision Cements Employers’ Ability to Sue for Strike Destruction
Proskauer Rose LLP
US Federal Agencies Commit to Regulatory Enforcement of AI Systems
McDermott Will & Emery
Certain Employers in Ontario Are Now Required to Have Naloxone Kits At Their...
Mintz
Airline Sued Over Claims That it is “First Carbon-Neutral Airline”
Cadwalader, Wickersham & Taft LLP
Wetlands No More? U.S. Supreme Court Limits Federal Regulation of Wetlands in...
Foley & Lardner LLP
Advertisement

TRENDING LEGAL ANALYSIS

How to Develop a Client-Centric Approach to Business Development at Your Law Firm
By
Stefanie Marrone Consulting
Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage...
By
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
SEC Issues Largest Whistleblower Bounty Award Ever To One Individual
By
Proskauer Rose LLP
LinkedIn Company Page Master Class - Summer 2023
By
Stefanie Marrone Consulting
Drop in Chinese Utility Model Grants Accelerates in April 2023 in Shift from...
By
Schwegman, Lundberg & Woessner, P.A.
The Supreme Court Clarifies the Meaning of “Knowingly” Under the False Claims Act
By
Dinsmore & Shohl LLP

Upcoming Legal Education Events

PE & Healthcare Summit Berlin 2023
Tuesday, June 6, 2023
FinTech University: FinTech and International Law
Tuesday, June 6, 2023
Ward and Smith's 2023 Health Care Breakfast and Learns at New Bern Golf & Country Club!
Wednesday, June 7, 2023
PCI DSS 4.0: Third-party Service Providers And Risk Management
Wednesday, June 7, 2023
Advertisement

About this Author

Employment, Labor, Workforce Management

Epstein Becker Green’s Employment, Labor, and Workforce Management practice is one of the largest in the United States limited to the representation of management as listed in Workforce Management magazine's most recent ranking of the top 10 U.S. employment law firms. We take a personalized approach to our clients, providing services that are tailored to, and focused on, meeting all their labor and employment law needs.

The firm offers advice and representation to companies across various industries, with a particular focus on financial services; hospitality; retail;...

[email protected]
973-639-8269
www.ebglaw.com
National Law Review
  • Antitrust Law
  • Bankruptcy & Restructuring
  • Biotech, Food, & Drug
  • Business of Law
  • Election & Legislative
  • Construction & Real Estate
  • Environmental & Energy
  • Family, Estates & Trusts
  • Financial, Securities & Banking
  • Global
  • Health Care Law
  • Immigration
  • Intellectual Property Law
  • Insurance
  • Labor & Employment
  • Litigation
  • Cybersecurity Media & FCC
  • Public Services, Infrastructure, Transportation
  • Tax
  • White Collar Crime & Consumer Rights
  • Coronavirus News
  • Law Student Writing Competition
  • Sign Up For NLR Bulletins
  • Terms of Use
  • Privacy Policy
  • FAQs

 

As a woman owned company, The National Law Review is a certified member of the Women's Business Enterprise National Council

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521  Telephone  (708) 357-3317 or toll free (877) 357-3317.  If you would ike to contact us via email please click here.

Copyright ©2023 National Law Forum, LLC