Howard Mavity

Howard Mavity

Fisher & Phillips LLP

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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 Manufacturing 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

Increased Criminal Prosecution of Employers – Part Two – Should You Be Concerned?

Note: This series was prompted by the DOJ’s September 9 “Yates Memo” focusing on increased executive prosecutions and renewed interest by OSHA in criminal actions. We don’t see many employee or consumer safety criminal...more

9/24/2015 - C-Suite Executives Cooperation Criminal Prosecution DOJ Government Investigations Peanut Corporation of America Salmonella Volkswagen Yates Memorandum

Is OSHA Going to Put You in Jail?

The answer to my admittedly provocative question is “probably not,” but recent developments demand that employers consider criminal exposure under labor laws, Including the OSHAct. My partner and fellow OSHA nerd, Ed...more

9/14/2015 - Criminal Prosecution Employer Liability Issues Government Investigations Indictments OSHA Workplace Injury

Would You Drop to the Floor If Shooting Broke Out In Your Workplace?

With depressing regularity, we receive calls asking for guidance in evaluating and responding to potential workplace violence threats. The threats are rarely serious but in this era, one can never ignore concerns. There are...more

9/1/2015 - Best Practices DHS Risk Management Training Workplace Violence

Does a Workplace Have To Be Perfect?

I recently blogged about the debate on CEO and employee pay ratios. I urged employers to seize the high ground and decide what their attitude is as to their “responsibility” is to their employees. I’m a pragmatist. I...more

8/24/2015 - Amazon Best Management Practices Business Plans CEOs Dodd-Frank Elon Musk Jeff Bezos Pay Ratio SEC Steve Jobs

You Really Need to be Keeping Up With Developments With the NFPA Combustible Dust Standards

My friend and outstanding combustible dust (and more) expert Tim Myers of Exponent shared the following: The National Fire Protection Association (NFPA) is set to publish the first edition of NFPA 652 Standard on...more

8/14/2015 - Fires Hazardous Substances Technical Standards

Does The Ratio Of CEO To Employee Pay Matter?

The SEC recently voted to require employers to disclose the pay gap between the CEO and his or her employees. Unions, investors, and other groups have increasingly been using this disparity to attack companies. As Fortune...more

8/14/2015 - AFL-CIO CEOs Corporate Culture Ethics Executive Compensation Pay Ratio SEC

Do You Really Know How To Manage An OSHA Inspection?

Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why employers should take certain steps. You already know to take photos whenever the Compliance Officer (CO) takes shots...more

3/6/2015 - Best Practices Corporate Counsel OSHA Safety Inspections

New OSHA Reporting Requirements Now In Effect

As 2015 begins, the Occupational Safety and Health Administration (OSHA) is sharpening its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because of the...more

1/7/2015 - Certifications Employer Mandates OSHA Posting Requirements Recordkeeping Requirements Reporting Requirements Workplace Injury

Auto Dealers Will Soon Have To Maintain OSHA 300 Recordkeeping

Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will most harshly affect manufacturers but the largest group affected is auto dealers....more

11/6/2014 - Car Dealerships OSHA Recordkeeping Requirements Reporting Requirements

The New Union-Organizing Tool - Embarrassment

Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize...more

9/10/2014 - DOL Hyatt NLRB OSHA Trucking Industry Union Elections Unions Wage and Hour

Hospitality Update, No. 4, December 2013: Wash Your *!&# Hands! Employers And The Flu

Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences...more

12/4/2013 - ADA EEOC Hospitality Industry Sick Leave Vaccinations

Labor Letter - November 2013: How To Manage An OSHA Inspection

Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already know to take photos whenever the Compliance Officer takes...more

11/6/2013 - Chief Compliance Officers Compliance Inspections OSHA

Labor Letter, October 2013: Do I Have To Treat My Employees Like Kids? Uh… Sometimes

The question of “do I have to actually make my employees wear PPE” made it all the way to the full Occupational Safety and Health Review Commission (OSHRC) last year. In the case of Custom Built Marine Construction,...more


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