What if the alleged violator is the supervisor?
It is well established that in pursuing an employer for violation of a safety standard, the government must make a prima facie case that the standard applied; the standard was violated; an employee was exposed to the hazard created; and importantly the employer knowingly disregarded the law. This white paper focuses on the fourth element of the burden placed on the prosecution of a safety violation, without which the burden of proof fails.
Agenda
Faculty
Marc K. Shaye, Esq.
Lippitt O'Keefe Gornbein, PLLC
- Counsel at Lippitt O’Keefe Gornbein, PLLC
- Practice area includes occupational safety and health with emphasis on workplace fatalities and in environmental matters
- Past general counsel of the Spill Control Association of America and attorney with the International Spill Control Organization based in Great Britain
- Admitted to practice in Michigan, Ohio and the District of Columbia
- Has conducted seminars nationally and in Europe for the past forty years
- Author of the chapter for safety issues: MIOSHA/OSHA in the Institute of Continuing Education Employment Law publication; author of several publications covering diverse environmental law topics as well as occupational health and safety law
- J.D. degree, Wayne State University School of Law; B.A. degree, University of Michigan
- Can be contacted at 248-249-3582 or [email protected]
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