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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Washington, DC Document Search Results (11) Show: results per page Sort by:  | No-Fault Liability Extended to Independent Contractors
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 1, 2012, previously published on April 27, 2012 The District of Columbia Circuit Court of Appeals has ruled that an independent contractor may be held liable for a violation on mine property even if the contractor was not at fault. This unprecedented ruling affirms a decision of the federal Mine Safety Review Commission in Ames Construction,...
| | The Wait Is Over - OSHA Publishes Final Hazard Communication Standard
Tressi L. Cordaro, H. Bernard Tisdale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article March 23, 2012, previously published on March 21, 2012 In a much anticipated move, on March 20, 2012, the federal Occupational Safety and Health Administration (OSHA) released the final revised Hazard Communication Standard. The final standard will be published in the Federal Register on March 26, 2012, and will become effective, in part, on June 26,...
| | DOL Issues Proposed Rules Regarding FMLA Changes for Military Caregivers and Flight Crew
Meredith L. Gaunce, Lara J. Peppard, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article March 7, 2012, previously published on March 6, 2012 The U.S. Department of Labor (DOL) published proposed rules on February 15, 2012, in 77 Fed. Reg. 8960 to implement amendments to the Family and Medical Leave Act (FMLA) made by the National Defense Authorization Act for Fiscal Year 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act...
| | MSHA Update: Criminal Conspiracy Charged
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article March 1, 2012, previously published on February 29, 2012 “MAY, together with others known and unknown, unlawfully, willfully, and knowingly combined, conspired, confederated, and agreed together with each other to defraud the United States and an agency thereof, to wit, to hamper, hinder, impede, and obstruct by trickery, deceit, and dishonest...
| | Mine Safety Disclosures Required in SEC Reports
Margaret S. Lopez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article January 25, 2012, previously published on January 23, 2012 The Securities and Exchange Commission (SEC) has promulgated its final rule on mine safety disclosures that must be included in quarterly and annual reports filed by publicly-traded companies involved in mining operations. It also specifies the types of MSHA enforcement actions that will trigger a...
| | OSHA Issues I2P2 White Paper and Moves Forward with Small Business Review
Tressi L. Cordaro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article January 24, 2012, previously published on January 23, 2012 OSHA kicked off the New Year by reaffirming its commitment to the development of an Injury and Illness Prevention Program standard, commonly referred to as I2P2. The new standard would require all employers to develop and implement a plan that systematically identifies hazards in the workplace, and...
| | MSHA Flagrant Violation Policy for $220,000 Penalties Rejected
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article December 26, 2011, previously published on December 21, 2011 When MSHA announced its enforcement policy for how it would define “flagrant violation,” it seemed apparent that this would eventually be challenged in the courts. Several cases are now underway challenging that policy. Most recently, Judge Jerold Feldman of the Federal Mine Safety and...
| | NLRB Votes To Change Representation Election Proceedings
Harold P. Coxson, Bernard P. Jeweler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article December 2, 2011, previously published on December 16, 2011 On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of revising representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the...
| | Call for Public Hearings for Accident Investigations - Subpoena Power
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article November 25, 2011, previously published on November 22, 2011 The UMWA is calling for MSHA to conduct public hearings after accidents - which would represent a significant change in agency procedure. A stated reason for the call is that public hearings will provide MSHA with subpoena power from the outset of every investigation. By law, MSHA has subpoena...
| | OSHA 2011 Site-Specific Targeting Directive
Tressi L. Cordaro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article October 27, 2011, previously published on October 26, 2011 Each year, OSHA revises its Site-Specific Targeting Directive based on the previous year’s data relating to workplace injuries and illnesses. OSHA “uses these data to calculate establishment-specific injury/illness rates, and in combination with other data sources, to target enforcement...
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