News & Analysis as of

Workplace Injury

Privette Doctrine Prevails To Protect Maintenance Contractor

In Alvarez v. Seaside Transportation Services, LLC et al. (No. B275980, filed July 20, 2017), Division Eight of the Second Appellate District affirmed a trial court grant of summary judgment to defendants based on the...more

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

by Carlton Fields on

On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Hirer of Independent Contractor Not Liable to Injured Contractor Employee

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal upheld the Privette doctrine, holding that an independent contractor’s employee generally may not recover tort damages for work-related injuries from the contractor’s hirer....more

OSHA Launches New Website For Electronically Filing Injury And Illness Reports

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration’s new electronic portal, the Injury Tracking Application (ITA), where employers can file web-based reports of workplace injuries or illnesses, will be accessible beginning...more

State Legislature and Governor Work Quickly to Overturn Wilkes

On July 20, 2017, Governor Cooper signed into law House Bill 26. The Bill, which passed unanimously in the State Legislature, addressed and reversed portions of the recent Supreme Court decision, Wilkes v. City of Greenville....more

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

by Bennett Jones LLP on

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

An Update on OSHA’s Electronic Injury and Illness Reporting Rule

We have received a number of questions about the current status of OSHA’s new electronic injury and illness reporting rule. There is, yet again, more to report! First things first: the implementation date of the rule has...more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

OSHA Proposes Delay for New Injury Reporting Requirements

Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more

Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

by FordHarrison on

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily...more

New OSHA Regulations - Does Your Drug Testing Policy Comply?

by Poyner Spruill LLP on

At the end of last year, OSHA began enforcing new regulatory rules expanding the requirements for employers’ reporting and submitting workplace injury and illness records. These new reporting requirements also contain new...more

OSHA’S Electronic Recordkeeping Web Portal To Be Available On August 1, 2017

by Cozen O'Connor on

As part of OSHA’s new electronic recordkeeping rule previously discussed in prior blogs, certain employers will be required to electronically submit required injury and illness data from their 2016 Form 300A. OSHA believes...more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Lawsuits Challenging OSHA Rule Halted as OSHA Reconsiders Rule

by FordHarrison on

In May 2016, the Occupational Safety and Health Administration (OSHA) promulgated the Record Keeping Modernization Rule (the Rule) which required certain employers to submit injury and illness data electronically and...more

A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

by Ruder Ware on

On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative...more

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more

OSHA delays new online injury reporting requirement

by GableGotwals on

Q: Is the Occupational Safety and Health Administration (OSHA) changing its reporting rules for employers regarding workplace injury and illness? A: Partially. While the obligation to report doesn’t change, OSHA is...more

OSHA Fall Protection Rule Raises Questions Over ‘Temporary, Relatively Infrequent’ Work

by Jackson Lewis P.C. on

New questions are emerging about key provisions the Occupational Safety and Health Administration’s updated rule to prevent falls. Effective January 17, 2017, the final rule updating OSHA’s general industry Walking-Working...more

OSHA Proposes To Delay Electronic Submission Of Recordkeeping Forms Until December

by Jackson Lewis P.C. on

As part of the final rule, Improve Tracking of Workplace Injuries and Illness, issued in May 2016, employers had a phased in compliance deadline for the electronic submission of record keeping forms. For 2017, employers...more

Weekly Update Newsletter - June 2017 #4

by PilieroMazza PLLC on

LABOR AND EMPLOYMENT - Occupational Safety and Health Administration, Department of Labor - On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule entitled “Improve Tracking of...more

Legal Alert: A New Opinion in Clemmons v. Lowe’s Home Center and the Law of Unintended Consequences

by Collins & Lacy, P.C. on

The Supreme Court withdrew its opinion in Clemmons v. Lowe’s Home Center and replaced it with a new opinion. The Court removed the language regarding the fact that Clemmons was actually working at the time of the hearing and,...more

OSHA Proposes December 1, 2017 Deadline for First Phase of Electronic Reporting, Foreshadows Rulemaking on Anti-Retaliation...

by Beveridge & Diamond PC on

On June 28, 2017, OSHA published a proposed rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 1, 2017. This proposal comes...more

OSHA Proposes To Extend July 1 Deadline For Injury And Illness Summaries

by Roetzel & Andress on

The Occupational Safety and Health Administration (OSHA) had previously set a deadline of July 1, 2017 for certain employers to electronically submit Form 300A, Annual Injury and Illness Summaries. In a proposed rule included...more

OSHA Proposes To Give Employers Until Dec. 1 To Electronically Submit Injury Summaries — And Will Propose Changing Other Parts Of...

As we have previously reported, the Occupational Safety and Health Administration was going to require certain employers to submit their Form 300A annual injury and illness summaries electronically. This requirement was part...more

OSHA Update: OSHA Proposes Extended Deadline for Electronic Filing of Injury and Illness Reports

by Sherman & Howard L.L.C. on

On June 28, 2017, OSHA proposed a five-month extension for certain employers to electronically file their 2016 OSHA 300A Annual Summary Forms with OSHA. The deadline is currently set to arrive on July 1, 2017. As proposed,...more

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