News & Analysis as of

Workplace Injury

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

Several Pertinent Changes to Workers' Compensation Laws

by Reminger Co., LPA on

Recently, Governor Kasich passed the Workers’ Compensation Budget under H.B. 27. In doing so, there were also some changes in several of the laws affecting the workers’ compensation system. Not only did Governor Kasich...more

The Importance Of Reporting Workplace Injuries

by Cozen O'Connor on

There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third...more

Waiving Legal Arguments

In Bentley v. Jonathan Piner Construction, the N.C. Court of Appeals addressed when a legal issue would be deemed waived by a party. The Court also addressed whether an injured worker was an independent contractor or...more

Average Weekly Wage – Fair and Just?

The Ball v. Bayada Home Health Center, __ N.C. App. ___, (2017), decision is a good reminder that N.C.G.S. § 97-2(5) provides five different methods to calculate average weekly wage, depending on the facts and circumstances...more

Total Eclipse of Comp

Examining An Injury Resulting from an Eclipse Under North Carolina Law - On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most...more

Amendments to Working Conditions Act in the Netherlands (Dutch)

by Dentons on

The Working Conditions Act (known in Dutch as 'Arbowet', which governs employees' health safety and well-being) has been amended effective 1 July 2017. The new act allows for greater involvement of employees and employers in...more

Amendments to Working Conditions Act in the Netherlands

by Dentons on

The Working Conditions Act (known in Dutch as 'Arbowet', which governs employees' health safety and well-being) has been amended effective 1 July 2017. The new act allows for greater involvement of employees and employers in...more

Amputation brings big fine

by DLA Piper on

Last week the first fine was imposed on a business for breach of the Health and Safety at Work Act 2015 (HSWA)....more

Guidance on Protecting Employees During Hurricane Harvey and Especially In Cleanup.

by Fisher Phillips on

Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more

[Webinar] Update on OSHA's Electronic Recordkeeping and Anti-Retaliation Rule - September 12th, 1:00pm ET

by Conn Maciel Carey LLP on

OSHA’s controversial Electronic Injury and Illness Recordkeeping data submission rule, along with new Anti-Retaliation elements, has thus far survived a barrage of negative stakeholder comments during the rulemaking, multiple...more

How Utah evaluates a worker’s entitlement to PTD benefits

by Kirton McConkie PC on

Have you ever thought about how the word “limit” de­fines our perceptions of and interactions with the world around us? The concept of a “limit” engenders thoughts of a bound­ary, an edge, or an end. When we say something is...more

5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more

Drug Testing and OSHA Retaliation – Can We Test or Not?

by Baker Donelson on

As many employers know, OSHA published a Final Rule on May 12, 2016 that amended the Code of Federal Regulations to add additional provisions regarding proper reporting and retaliation for workplace reporting. OSHA took the...more

OSHA and Workplace Violence: What Contractors Need to Know

Although most contractors go to great lengths to promote jobsite safety, the fatal injury rate in the construction industry – which employs almost 6.5 million people – still exceeds that of any other U.S. industry. The...more

Product Liability: Consumer Expectation and Risk Benefit

by Low, Ball & Lynch on

Kawika Demara, et al. v. The Raymond Corporation, et al. - California Court of Appeal, Fourth Appellate District (July 18, 2017) - Kawika Demara was a warehouse employee at the time his foot was crushed under the drive...more

OSHA Suspends ITA Due To Security Breach

by Jackson Lewis P.C. on

On Monday we blogged about the availability of the new OSHA Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information (300 Logs, 301 Forms and 300A Forms) under...more

OSHA Launches Injury Tracking Application

by Jackson Lewis P.C. on

On August 1, 2017, OSHA finally launched its web portal to accept submission of recordkeeping forms pursuant to the requirements in the final rule, “Improve Tracking of Workplace Injuries and Illnesses.” Under the rule,...more

Successful appeal against health and safety fine in the Court of Appeal

by Dentons on

Tata Steel UK recently secured a significant reduction of a health and safety fine by appealing the fine to the Court of Appeal. It is understood to be the first successful appeal by a large company of a Crown Court judge's...more

Occupational Opaqueness: The Uncertain Future of OSHA Regulation and the Electronic Recordkeeping and Reporting Rule

by Snell & Wilmer on

The Occupational Safety and Health Administration (OSHA) is still without an agency head six months into the presidency of Donald Trump. As such, the future of OSHA is unclear in light of the president’s promises of less...more

Dear Employers, Familiarize Yourself with OSHA's Electronic Injury Tracking Application Before December 1, 2017

by Hinshaw & Culbertson LLP on

As reported by the Employment Law Observer in June, OSHA has formally proposed to delay the July 1, 2017 deadline for electronic injury and illness reporting to December 1, 2017. Since announcing the delay, OSHA formally...more

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

by Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

OSHA Moves Electronic Recordkeeping Rule Compliance Deadline and Launches New Website for Electronic Submission of Injury and...

by Locke Lord LLP on

The Occupational Safety and Health Administration (“OSHA”) recently announced that the deadline requiring certain employers to electronically submit their OSHA injury and illness logs is postponed until December 1, 2017. OSHA...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

OSHA Charges Ahead With Electronic Report Rule

by SmithAmundsen LLC on

On June 27, 2017, OSHA issued a press release announcing that it would be delaying the compliance date for its Rule requiring most employers to electronically submit their injury and illness data to OSHA. The press release...more

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