Michael Taylor

Firm/Organization: Greenberg Traurig, LLP

Latest Articles

United States Indicts Facility Owner Under Clean Air Act General Duty Clause

October 2, 2019

The U.S. Environmental Protection Agency (EPA) continues to increase its enforcement role in industrial accidents, at times overshadowing the role traditionally played by the Occupational Safety and Health Administration (OSHA). EPA often takes tougher enforcement actions than OSHA and is more willing to bring criminal charges. This trend is reflected in a recent case affirming EPA’s authority to bring criminal charges for alleged violations of the General Duty Clause (GDC) of Section 112(r)(1) of the…

GT L&E Blog

Violating OSHA’s Anti-Retaliation Provision Can Be Costly!

By Michael Taylor & Adam Roseman

September 9, 2019

On Aug. 23, 2019, a federal judge in the United States District Court for the Eastern District of Pennsylvania awarded over a million dollars in lost wages and punitive damages to two former employees of Lloyd Industries after a jury found the company and its owner fired them in retaliation for their participation in a 2014 federal safety investigation by the Occupational Safety and Health Administration (OSHA). The company fired one of the employees after…

E2 Law Blog

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

By Michael Taylor & Adam Roseman

August 7, 2019

We Didn’t Start the Fire . . . . But Your Employees Might Breathe the Smoke Last year was the most destructive fire season in California’s history. Over 7,600 wildfires burned nearly two million acres. As a result, on July 18, the California Department of Industrial Relations (DIR) Occupational Safety Health Standards Board adopted an emergency regulation to protect workers from hazards associated with wildfire smoke. The regulation is now in effect, following its approval…

GT L&E Blog

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

By Michael Taylor & Adam Roseman

August 5, 2019

Last year was the most destructive fire season in California’s history. Over 7,600 wildfires burned nearly two million acres. As a result, on July 18, the California Department of Industrial Relations (DIR) Occupational Safety Health Standards Board adopted an emergency regulation to protect workers from hazards associated with wildfire smoke. The regulation is now in effect, following its approval on July 29, 2019, by the Office of Administrative Law. The emergency regulation will be effective…

GT L&E Blog

House Zeros in on Workplace Violence in Health Care and Social Service Industries

By Michael Taylor & Brett A. Castellat

March 5, 2019

House Democrats have set their sights on workplace violence in health care and social service industries. According to congressional findings, the health care and social service industries suffer the highest rates of injuries caused by workplace violence. Health care and social service workers made up 69 percent of all workplace violence injuries in 2017 and were nearly five times as likely to suffer a workplace violence injury than workers overall. To address this problem, on…

GT L&E Blog

OSHA Continues to Increase the Maximum Penalty Amounts for Citations

By Michael Taylor & Brett A. Castellat

January 25, 2019

On Jan. 15, 2019, the U.S. Occupational Safety and Health Administration issued a notice announcing another increase in the maximum penalty amounts for violations of federal Occupational Safety and Health standards and regulations. Under the new structure, the maximum penalty for “Willful” or “Repeated” violations is $132,598. Moreover, the maximum penalty for “Failure to Abate” violations is $13,260 per day after the abatement date. Finally, the maximum penalty allowed for “Serious,” “Other-Than-Serious,” and “Posting Requirements”…

GT L&E Blog

OSHA Clarifies Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

By Michael Taylor & Brett A. Castellat

October 22, 2018

On Oct. 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum (the Memorandum) clarifying its position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit employers from instituting workplace safety incentive programs or post-incident drug testing. OSHA stated that to the extent any of their other OSHA interpretive documents conflicted with the Memorandum, the Memorandum would govern. Employers must be cognizant of the guidance in the Memorandum to make sure that any negative…

E2 Law Blog

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

By Michael Taylor & Brett A. Castellat

October 12, 2018

On Oct. 1, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new Regional Emphasis Program (REP) to address hazards from exposure to fertilizer-grade ammonium nitrate (FGAN) and agricultural anhydrous ammonia. The REP will be effective in the states of Arkansas, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, and Texas. It is aimed at employers in the fertilizer storage, mixing/blending, and distribution industries whose workers can face hazards leading to serious illness,…

GT L&E Blog

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

By Michael Taylor & Brett A. Castellat

October 12, 2018

GT L&E Blog

California Supreme Court: Civil Penalties for Employers Accused of Violating California’s Occupational Safety and Health Act

By Michael Taylor & Adam Roseman

February 13, 2018

On Feb. 8, 2017, the California Supreme Court ruled that California law allows local prosecutors to pursue civil penalties against employers accused of workplace-safety violations under California’s Occupational Safety and Health Act (Cal OSHA). Solus Indus. Innovations, LLC v. Superior Court, No. S222314, 2018 WL 771814 (Cal. Feb. 8, 2018). This means that California employers will be faced with both civil and administrative penalties for violations of workplace safety and health violations. This is significant,…

Michael Taylor

United States Indicts Facility Owner Under Clean Air Act General Duty Clause

Violating OSHA’s Anti-Retaliation Provision Can Be Costly!

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

California Adopts Emergency Regulation to Protect Outdoor Workers From Wildfire Smoke

House Zeros in on Workplace Violence in Health Care and Social Service Industries

OSHA Continues to Increase the Maximum Penalty Amounts for Citations

OSHA Clarifies Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

OSHA’s Regional Emphasis Program on Reducing Exposure to Ammonium

California Supreme Court: Civil Penalties for Employers Accused of Violating California’s Occupational Safety and Health Act

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