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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 04
  • December
  • 2018

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OSHA can now Cite Texas, Louisiana and Mississippi Employers for Violations to Which Only Other Employer’s Employees are Exposed

Since 1999, OSHA has taken the position that it can cite any employer who has general supervisory authority over a worksite, including those with power to correct or require correction of safety and health violations even if its own employees were not exposed to the hazard.

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  • 11
  • October
  • 2018

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OSHA Still Serious About Silica in the Fracking Industry

When asked to speak on safety and OSHA issues at Vinson & Elkins’ Eighth Annual Hydraulic Fracturing Symposium last week, I knew that one subject would dominate my presentation. Much like the PSM standard, which became the primary concern of refiners and chemical companies after OSHA stepped up its enforcement of PSM compliance following the 2005 explosions at BP’s refineries in Texas City, there is no question that the new silica standard is becoming the most significant challenge for health and safety managers in the fracking business (see our previous silica standard coverage here).

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  • 02
  • October
  • 2018

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Simply Because OSHA Says Something is RAGAGEP Doesn’t Make it So

Over six years ago, two colleagues and I tried a month-long trial in the federal courthouse in downtown Detroit, in which we challenged 65 Process Safety Management (“PSM”) citations that OSHA had issued to a large petroleum refinery in Ohio. A year later, the Administrative Law Judge vacated all but five of the citations and reduced the $2,870,000 penalty to $35,000.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Robert Sheppard

Robert Sheppard Associate