White Paper

2 Pages
  • 2 Pages

There are Limits - Employer Liability Under OSHA


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.



Marc K. Shaye, Esq.

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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