The Equal Access to Justice Act (EAJA) was permanently enacted in 1985 to deter government overreach and wrongdoing. It allows individuals and entities to be awarded attorney fees and expenses when they are prevailing parties to administrative proceedings before the Occupational Safety and Health Administration's (OSHA) Review Commission. These proceedings are typically contests to citations, notifications, penalties, or abatement periods by employers. To be eligible for attorney fees and expenses under EAJA, parties are required to apply, “no later than thirty days after the period for
Lack of communication between colleagues can be costly and even deadly. It decreases efficiency, productivity, and most of all leads to greater incidence of injuries in the workplace. While communication of hazards can be easily taken for granted, it is the most important part of workplace safety. This is especially true in the workplace where employees often encounter dangers. This is what unfortunately occurred in the case.
Employers bear the burden of proving they are not responsible when their employees violate Occupational Safety and Health Administration (OSHA) standards. Employers are required to establish work rules and procedures to prevent violations, communicate the rules effectively to their employees, take steps to discover violations, and enforce the rules when violations are discovered. These requirements enforced by the Occupational Safety Health Review Commission (OSHRC) are crucial to protect both the liability of employers as well as the safety of their employees.
A case involving the electrocution of a general maintenance mechanic three years ago was resolved in July of this year. In June 2016, a general maintenance mechanic for Jersey City Medical Center (JCMC) died from electric shock and fall from a ladder where he hit his head. After an investigation conducted by the Occupational Safety and Health Administration (OSHA), citations were issued to JCMC alleging violations of OSHA’s electrical safety and training standards with a penalty of just under $175,000. JCMC denied it was at fault and filed a notice of contest. The contest by JCMC brought
It is difficult to maneuver the roadways of legal defense without any help. Most attorneys would find it difficult to lay the foundation of a new building without any training. Similarly, it is difficult for persons not skilled in legal matters to respond to Discovery Requests, Interrogatories, and complex Motions. Attorneys and construction workers use different skills, knowledge, and even terminology on a day to day basis. It is challenging for people who are not trained in the law to defend themselves properly, and this task is best handled by those trained in this profession.
The case, Secretary of Labor v. Echo Powerline, LLC is an unfortunate example of how employees can still get hurt when safety measures are taken into consideration. Echo Powerline, LLC was tasked with restoring downed power lines and poles that had fallen during an ice storm in Beaver, Oklahoma. While a crew supervised by Brad Brouilette had taken several precautionary measures to avert injury to his crew members, the unthinkable still occurred and two employees were electrocuted.
Bergelectric Corp. was hired to install the electrical system for the San Manuel Casino's renovation in California when an employee was injured on the job. On April 29, 2017, one of the company’s employees fell 24 feet while installing a conduit above the ceiling, causing him to suffer broken ribs and a spinal fracture. The case was referred to the federal Occupational Safety and Health Review Commission (OSHRC), created to review possible violations of the Occupational Safety and Heath Act of 1970 (OSHA) , because the incident took place in a tribal casino located on a reservation under