Workplace Hazards

News & Analysis as of

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints...more

Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a...

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more

Low Back Pain: Work-Related or Not?

Most people, excluding lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying will cause more back...more

Anticipating, Preparing for, and Handling Surprise OSHA Inspections

Under the Occupational Safety and Health Act of 1970 (the "Act"), the Occupational Safety and Health Administration ("OSHA") has very broad powers, including the authority to conduct workplace inspections without providing...more

Company Owner Sentenced 10-20 Years for Workplace Safety Violations

In November, a New Hampshire court sentenced the owner of a gunpowder manufacturing company to 10-20 years in prison for manslaughter based on workplace safety conditions that led to the deaths of two employees. OSHA...more

OHS Consultant Loses OHS Reprisal Case

A health and safety consultant has lost his case against his employer, a health and safety association, in which he alleged that he had been retaliated against for raising safety issues....more

Real Estate Project Management Firm Fined $100,000 In Workplace Fatality

The death of one of its subcontractor’s employees has resulted in a $100,000 fine to a real estate project management firm....more

NAHB Urges OSHA To Rescind Proposed Silica Rule

We recently posted an article about whether silica exposure claims might emerge as the next toxic tort. A particular focus of that article was the Occupational Safety and Health Administration’s (OSHA) clearly increasing...more

OSHA Seeks Comments on Process Safety Management Amendments, Other Standards

Oil and Gas Production and Servicing Industry May Be Impacted - First, OSHA requests comment on whether the agency should amend § 1910.119(a)(2)(ii), which currently exempts oil and gas-well drilling and servicing...more

Employer Should Have Fixed Safety Issue Before Accident, Not After: Safety Fix Did Not Merit Lower Fine

An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the Occupational Health and Safety Act because the action should have been taken – and was legally-required – before the...more

OSHA Extends Silica Rule Comment Deadline to February 11

On the afternoon of January 24, 2014, with one-and-a-half business days left to the original deadline of January 27, the Occupational Safety and Health Administration (OSHA) announced a 15-day extension of the comment period...more

OSHA's Expanding Interpretations of the Law

Readers of a January 2, 2014, editorial in the Wall Street Journal, “A Bumper Crop of Bureaucracy,” may have wondered whether they should cry or laugh after learning about OSHA’s exploits to inspect small family farms. For...more

What to Expect from OSHA in 2014

With federal budget battles over, employers can expect to see more from OSHA during the remainder of fiscal year 2014. OSHA's budget year began October 1, 2013 with the infamous shutdown of the government. During the...more

Wisconsin Appeals Court Allows Asbestos Case To Proceed Under Safe Place Statute

Robert Viola was a pipe insulator for 25 years, often working in buildings and power plants owned by Wisconsin Electric Power Company (“WEPCO”). After Mr. Viola died, the administrator of his estate brought a lawsuit against...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more

A Reminder: New OSHA Training Requirements Are Now In Place

Over the next few years, the Occupational Safety and Health Administration (OSHA) will be phasing in certain safety requirements designed to align its Hazard Communication Standard with the United Nations’ Globally Harmonized...more

Attorney General Determines Business Location Where Employees Work For Someone Other than the Business Owner is a "Place of...

A state legislator requested an opinion from the Attorney General about whether a business site, at which the people working are employed by someone other than the business owner, is a "place of employment" as defined by the...more

How Are Georgia Industrial Accidents Investigated?

Industrial accidents killed more than 4,000 Americans in 2011 and injured thousands more. To help ensure that all workers have a safe work environment, employers are required to follow Georgia law and federal regulations,...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

OSHA Combustible Dust Standard On The Horizon – What Every Industry Should Know

Combustible dust, it is not the most glamorous of topics but it is an important one. Why is it important? It is important because between 1980 and 2005, combustible dust incidents claimed the lives of 119 workers and injured...more

Snakes On A Plane: Surprising Reasons Flying Is Dangerous

Flying is dangerous. It’s a fact that Hollywood directors are all to happy to remind us about as they fill movie screens with fiery crashes, midair explosions and some pretty creative catastrophes like, say, an entire...more

Is Your Job One Of The Most Dangerous In Illinois?

Although it’s a great place to live, Illinois can sometimes be a seriously dangerous place to work, and no one knows this better that our Illinois workers compensation lawyers. They fight every day to find justice for...more

United Airlines Ground Workers Perform Dangerous Duties

Injuries are a fairly common occurrence among airline ground workers. According to the Flight Safety Foundation, approximately 27,000 accidents and incidents – one per 1,000 departures – occur every year worldwide, and about...more

What’s The Risk Of Not Foreseeing Safety? In Today’s Industry, One Must Endeavour To Pinpoint Workplace Hazards And Then Strive To...

It’s commonplace to say that “careful planning” is an obvious and vital element of any construction project, but it’s only the first foreseeable step in prevention. As all involved in 21st century construction are (or should...more

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