Howard Mavity

Howard Mavity

Fisher Phillips

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My Thoughts on OSHA’s New Electronic Recordkeeping Rule

The Good - 1. From an employer’s perspective it could have been worse. OSHA apparently recognized the logistical challenges of defining “the Enterprise” to include every affiliate or related company, but OSHA will...more

5/13/2016 - Employer Liability Issues New Regulations OSHA Recordkeeping Requirements Workplace Injury

OSHA Electronic Recordkeeping Rule Coming Out on May 11?

Today, May 10, OSHA announced that Agency head David Michaels will be conducting a morning press briefing on Tuesday, May 11 covering an undisclosed workplace safety topic, which likely means that OSHA is going to announce...more

5/11/2016 - Final Rules OIRA OSHA Recordkeeping Requirements Workplace Safety

Practical Explanation of EEOC Developments and Cases

Employers have become accustom to the periodic unfounded EEOC charges and may not treat them as seriously as a retaliation claim or litigation. However, the EEOC continues to change its procedures in ways which makes it more...more

4/21/2016 - Charging Party EEOC OSHA Position Statements Time Extensions

Zika Will Be a Bigger Problem than EBOLA

Based on the U.S. success in containing Ebola last year, we have reaon to believe that should this terrifying disease reappear, the U.S. will minimize its domestic effects. Moreover research may even come up with better...more

4/19/2016 - Public Health World Health Organization Zika

A Major Change in Employer Attitude Towards Preventing Workplace Violence

We just completed the second of two Fisher & Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals.  We...more

4/18/2016 - Best Management Practices Mass Shootings Workplace Safety Workplace Violence

Workplace Violence In The News: How To Respond If A Worker Is Served With A Restraining Order

After yet another incident of workplace violence in the news, we have to consider that any employee served with a restraining order should be treated as a reason to take workplace security precautions. The shooter in the most...more

3/30/2016 - Best Management Practices EAP Popular Protective Orders Risk Management Workplace Violence

A Fast and Furious Safety, Labor and HR Update - Issue 1

A New Approach to My Posts - Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards. I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks!...more

3/28/2016 - Discrimination DOL Drones NLRB Obama Administration OSHA Persuader Rules Silica Statistical Analysis Wage and Hour Workplace Violence

Some Agreement at the ABA OSHA Midwinter Meetings about Reporting Severe Injuries – and a Few Lessons and Changes

It may be more entertaining to describe heated disagreement between employers, OSHA and unions, but areas of tacit agreement are more significant, at least when it comes to guaranteeing worker safety....more

3/10/2016 - NEP OSHA Reporting Requirements SVEP Workplace Safety

Greetings from the ABA OSHA Midwinter Meetings

I prefer meeting with business leaders and safety professionals more than spending time with fellow attorneys. I enjoy my profession but 35 years ago my dad challenged me to “be a business person who is also a lawyer,” so I...more

3/10/2016 - American Bar Association (ABA) OSHA Professional Conferences

Candid Observations from M. Patricia Smith, Solicitor of Labor, US DOL

Solicitor Smith did not announce any positions that we have not discussed, but she confirmed our opinions on the Administration’s priorities and their intentions as they energetically finish their term....more

3/10/2016 - DOL OSHA Whistleblower Protection Policies Workplace Violence

The Zika Virus: FAQs For Hospitality Employers

The World Health Organization recently declared Zika a global public health emergency, only the fourth time the agency has declared the spread of a disease to be a health emergency of international concern. The following...more

3/9/2016 - Best Management Practices OSHA Traveling Employee World Health Organization Zika

It’s Time for Employers Go to the Next Level In Preventing Workplace Violence

I recently met with an international company which has armed security responders at some facilities, guards at others, and nothing at public establishments among its diverse operations. We talked about protecting lone...more

2/29/2016 - Employee Training Human Resources Professionals OSHA Workplace Safety Workplace Violence

Startlingly Large Verdict Reminds Employers of the Perils of Workplace Safety Failings

Never having to tell a wife or child that their loved one was killed at your worksite is reason enough to maintain a safe workplace, but businesspeople would be foolish not to also consider the legal costs of unsafe work...more

2/17/2016 - Jury Verdicts OSHA Popular SVEP Workplace Safety Wrongful Death

The Zika Virus: FAQs For Employers

On February 1, 2016, the World Health Organization (WHO) declared Zika a global public health emergency. This is only the fourth time that the WHO has declared the spread of a disease to be a “public health emergency of...more

2/4/2016 - Best Management Practices OSHA World Health Organization Zika

2016 Brings Many Cal-OSHA Changes and Big Changes in Workplace Violence Laws

Employers quite rightly complain about the sheer number, intrusiveness and plain weirdness of California employment laws. However, Cal-OSHA and its regulatory scheme have not been that different from Federal-OSHA regulation....more

1/11/2016 - Employer Liability Issues OSHA Workplace Safety Workplace Violence

My Labor and OSHA Recommendations for 2016 Resolutions

I try not to rely on “the sky is falling” marketing. So please seriously consider my following “New Year’s Resolutions”. I prefer to prevent problems. With no further ado, here are my recommended 2016 Labor, OSHA,...more

1/4/2016 - Best Management Practices EEOC FCRA FLSA OSHA

Judge Says OSHA Can Seek Hazard Abatement at Worksites it Never Inspected

We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...more

12/29/2015 - Abatement ALJ Enforcement Authority OSHA Popular Workplace Hazards

OSHA Ramps Up Focus On the Poultry Industry

In October, OSHA announced an Emphasis Program on poultry processing in Regions IV and VI in states with Federal OSHA programs. Region IV Federal OSHA states are Alabama, Florida, Georgia and Mississippi. The Region VI...more

12/16/2015 - Inspections OSHA

If There Is a Workplace Shooting, Don't Just Lie Down and Be a Target

One would think that we are all desensitized to these terrible workplace shootings, but I find myself wrestling with the “whys” and “what to do next” following the San Bernardino mass murder. We’ll write and post more on the...more

12/4/2015 - Best Practices DHS EAP OSHA Workplace Violence

Nine Reasons To Worry About Safety Compliance

The federal government has taken steps to create additional safety compliance obligations for hospitality employers that will make it more likely you’ll be on the receiving end of an inspection in the near future. So what...more

12/4/2015 - Best Management Practices Employer Liability Issues Hospitality Industry OSHA Workplace Safety

More Dope On OSHA's New Weighted Inspection Process

We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?”   A BNA piece tonight summed up the...more

11/19/2015 - Citations Employer Liability Issues OSHA Safety Inspections Workplace Hazards

The November Surprise: OSHA Raises Penalties 82% And No One Notices

Employers woke up to a surprise on November 3. That’s when we learned that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes surprise provisions authorizing the...more

11/5/2015 - Consumer Price Index Corporate Executives Federal Budget Inflation Adjustments Manufacturers New Legislation OMB OSHA Penalties Retailers Safety Violations Workplace Safety

So How Does OSHA Raise Penalties 82% and We Don’t Notice?

A lot of us woke up on November 3 and exclaimed, “What the heck!  How did that happen?”  The Budget Agreement signed on November 2, which was worked out behind closed doors, includes provisions authorizing OSHA to increase...more

11/4/2015 - Administrative Monetary Penalties Consumer Price Index Federal Budget OSHA

Updates From EHS Today’s Safety Leadership Conference

With multiple tracks yesterday, I can only write about a few sessions.  I’ll focus on topics related to OSHA’s priorities and plans as discussed in the sessions dealing with Federal and State OSHA Plan Updates and “OSHA is...more

10/29/2015 - Examination Priorities OSHA Workplace Safety

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

10/5/2015 - Distributors DOL EEOC Federal Contractors Health Care Providers Hospitals Manufacturers NLRB OSHA Popular Reporting Requirements Safety Inspections Strategic Enforcement Plan Temporary Employees Unfair Labor Practices Wage and Hour Whistleblowers Workplace Violence

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