News & Analysis as of

Miners Can Prevent Fatal Accidents

With a momentary lapse of attention, any of us can cause a grave accident––at home, in a vehicle, on vacation, or at work. Miners must be ever vigilant for their own safety and the safety of others. ...more

Employer Liability for Workplace Accidents

Accidents can happen at any time, including at work. If you are a California employee who was injured on the job or while performing work duties, it is important that you understand your rights and legal options. In many...more

Court Grants Deference to Secretary of Labor's Interpretation of OSHA Regulation

When the Secretary of the Department of Labor and the Occupational Safety and Health Review Commission offer competing but reasonable interpretations of a worker safety regulation, the Secretary's interpretation is entitled...more

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

Connecticut Workers Are Protected From Head To Toe

Over the course of time, the Connecticut Legislature has enacted numerous and varied laws for the protection of Connecticut workers. Some become quite well known, like the recent paid sick leave law, others are more obscure....more

Alberta Court Imposes Large Fine For Employer In Calf-Roping Case

On October 31, 2013, the Alberta Court of Queen’s Bench released the sentencing decision in R. v. XI Technologies Inc., 2013 ABQB 651. The Court of Queen’s Bench sentenced the employer to a fine of $275,000, inclusive...more

Don’t Let Your Super Sale Become A Violent Stampede

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more

Post-Accident Safety Fixes: An Admission Of Liability?

We are often asked whether post-accident fixes or improvements by an employer will be held against it if occupational health and safety charges are laid. For example, if an employer puts a guard on a machine after an employee...more

Construction Accidents: More than Workers Comp

Trapped over three hours in mud the consistency of quicksand, a New York construction worker had begun to lose feeling in his legs after falling 15 feet into a trench. The mud, intensified by falling rain in June of this...more

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more

OSHA Will Issue A Rule on Crystalline Silica

The U.S. Department of Labor’s Occupational Safety and Health Administration announced a proposed rule aimed at curbing silica-related disease. After publication, the public will have 90 days to submit written comments,...more

A Texas Whistleblower Could Have Saved Lives

On April 17, 2013, the West Fertilizer plant, owned by Adair Grain, Inc., exploded, killing at least 14 and injuring hundreds more. Although months have passed since the explosion, many questions remain. ...more

Alabama Worker Injured In Explosion Files Work Accident Claim

One of the three workers injured by the fires and explosions on the Mobile River in Alabama last April has filed a work accident claim. ...more

Safety First—What OSHA’s Newest Interpretation Means for Employers of Temporary Workers

On April 29, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum to regional administrators regarding the obligation of employers to protect temporary workers from...more

Case Update: Alberta’s Highest Court Hears Appeal In Calf-Roping Fatality Case – Decision Reserved

In December 2012, we posted a blog outlining the Alberta Court of Queen’s Bench decision in R v. Technologies Inc. 2012 ABQB 549 in a fatal accident case involving the use of a “calf roping” machine at a Stampede party event...more

Industrial Accidents - Know Your Rights

Most industrial employees realize that if they are hurt on the job for any reason, they are eligible to receive workers' compensation benefits, which pay for their accident-related medical expenses and also provide disability...more

Bronchiolitis Obliterans Cases Continue to Pop Up

Researchers have reported bronchiolitis obliterans in populations ranging from the builders of boat hauls to Taiwanese women who used a natural weight loss remedy. Still, in the legal and business community, this serious...more

Worker Safety Continues To Be A Major Concern For Workers

In a recent report released by the Bureau of Labor Statistics, the number of deaths at work is not decreasing, raising concerns about worker safety. With improvements in technology and safety standards, it is hoped that this...more

Key Takeaways - Work Safe: Preventing Injuries and Workplace Violence

As a follow up to my session “Work Safe: Preventing Injuries and Workplace Violence" at the recent Employment Law Seminar, I’ve put together what I feel to be two key takeaways from the presentation. 1) Workplace...more

Avoiding Workplace Injuries And Protecting Your Rights As An Employee

An injury at work can be devastating for you and your family. Despite major strides reducing workplace injuries and deaths in the past four decades, more than 4,500 workers still die each year. Another 4.1 million are...more

Defending Nonsubscriber Lifting Injury Claims – Part II

Perhaps the most common liability claim associated with a lifting injury is that the nonsubscriber employer simply did not provide adequate assistance, specifically staff, to assist the injured worker with lifting whatever it...more

OSHA Penalizes Another Railroad Company In Whistleblower Action

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

OSHA Has Been Hard At Work - Will You Be Ready If OSHA Knocks At Your Door?

A look at a recent speech given by OSHA's Assistant Secretary, David Michaels, Ph.D., provides employers with insight into what agency touts as successes over the past several years and its vision for the year ahead. ...more

Alternative Training Methods Could Increase Workplace Safety

While an employer's insurance company is obligated in Alabama to cover an injured worker's medical expenses and lost wages resulting from an accident on the job, an injured employee will not always receive the full benefits...more

Sometimes a Swimming Pool is Just a Swimming Pool: Ontario Court of Appeal Grants Blue Mountain Appeal

On February 7, 2013, the Ontario Court of Appeal handed down its highly anticipated decision in Blue Mountain Resorts Limited v. Ontario (Ministry of Labour and Ontario Labour Relations Board), 2013 ONCA 75. It found that...more

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