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
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
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
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
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
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
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
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
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
Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will most harshly affect manufacturers but the largest group affected is auto dealers....more
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
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
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
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
It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s...more
Hopefully you’re already aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 20+ Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower...more
King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more