News & Analysis as of

Workplace Injury

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

SCC upholds employer's "no free accident" alcohol and drug policy: Stewart v Elk Valley

by Dentons on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30). This is a landmark decision, reinforcing the right of employers to take proactive risk mitigation and...more

OSHA and Ergonomics: The Past, Present, And Future

by Cozen O'Connor on

Ergonomics is the study of work. From an OSHA perspective, it is the process of designing the job to fit the employee, rather than forcing the employee’s body to fit the job. This process may include modifying tasks, the work...more

Unions Leverage OSHA and other Dept. of Labor Enforcement as an Organizing Tactic

by Conn Maciel Carey LLP on

As the private sector continues to see a decline in labor union membership among employees, labor unions are struggling to remain relevant and recruit new, dues-paying members. Traditionally, when a labor union begins an...more

Employers Do Not Have To Report Injury For Employee Who Does A ‘Daily Stretching Program,’ OSHA Says

by Jackson Lewis P.C. on

Employers do not have to report a worker as having an injury if they instruct the worker to do regular stretching exercises for a “minor discomfort,” the Occupational Safety and Health Administration has concluded in an...more

New York's Highest Court Limits Additional Insured Coverage

by Melito & Adolfsen on

New York's Highest Court, the NY Court of Appeals, issued a decision holding that the phrase "caused by your acts or omissions" in the additional insured endorsement requires that the named insured wrongful actions be a...more

OSHA Schedules First “Safe + Sound Week”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA is sponsoring a “Safe + Sound Week,” another example of a more cooperative approach to worker safety and health issues....more

U.S. Supreme Court Limits Forums for Suits Against Corporations

by Lathrop Gage on

Plaintiffs seeking damages typically choose to file suit in a state where the dispute or injury occurred, or in the state where the plaintiffs reside. Yet sometimes, plaintiffs may pick a state that has no such connection to...more

Texas Two-Step: Gig Businesses In The Lone Star State Get Two Pieces Of Good News

by Fisher Phillips on

Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more

BNSF v. Tyrrell: The Other International Shoe Has Dropped

by Pepper Hamilton LLP on

The availability of any forum aside from a defendant's state of incorporation or principal place of business will require a plaintiff to carefully consider the likelihood of obtaining specific jurisdiction because there is...more

Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds

Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions — that one party (the “indemnitor”) agrees to...more

Court: Temps May Not be “Employees” Under Workers Compensation Law, Allowing Lawsuit

by Shipman & Goodwin LLP on

As I continue to work on a major redesign and relaunch that I hope (!) to roll out by month’s end which has held up some blog posts, my colleague Gary Starr returns this morning with a new post regarding a recent Connecticut...more

OSHA Delays New Electronic Record-Keeping Rule, But Anti-Retaliation Obligations Remain

by Locke Lord LLP on

On May 17, 2017, the Occupational Safety and Health Administration (“OSHA”) announced on its website that it will delay the July 1 deadline requiring certain employers to electronically submit their OSHA injury and illness...more

DOL Challenges Injury and Accident Reporting Policy Under OSHA’s Anti-Retaliation Rule

by Hinshaw & Culbertson LLP on

OSHA’s new anti-retaliation rule went into effect on December 1, 2016. The purpose of the new rule was to clarify what OSHA considered “the existing implicit requirement” that an employer work-related injury and illness...more

Beat the Summer Heat: Vacation, Heat-Related Illness, Company-Sponsored Events

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Summer is just getting started, and with it come special circumstances California employers should keep in mind. Vacations, hot weather, and company-sponsored events are among the summertime activities that...more

Littler Global Guide - Portugal - Q1 2017

by Littler on

State Budget Law 42/2016 of December 28, 2017 - Enacted Legislation - Effective January 1, 2017, State Budget Law for 2017 introduced various modifications to the labor law landscape, which have had an immediate...more

“Last Employer Rule” in Occupational Disease Addressed by Fifth Circuit

On May 17, 2017, the United States Court of Appeals for the Fifth Circuit rendered a decision affirming an Administrative Law Judge’s decision in Bollinger Shipyards, Inc., et al. v. Director, OWCP, et al., No. 16-60370. ...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

New test for reparation topping-up ACC

by DLA Piper on

On 22 May 2017, a company and its director were ordered by the District Court to pay its employee $226,300 to top-up ACC in respect of future loss of earnings as a result of his being rendered a tetraplegic by a workplace...more

OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

by Conn Maciel Carey LLP on

In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule. As published last...more

OSHA Filing Date Up in the Air: A Summary of the Electronic Occupational Injury/Illness Reporting Requirement

by Faegre Baker Daniels on

Last year, the Occupational Safety and Health Administration (OSHA) promulgated a regulation that requires, among other things, certain employers to electronically submit occupational injury/illness information to OSHA...more

OSHA Indefinitely Postpones Electronic Submission of Injury and Illness Records

by Bryan Cave on

With a July 1, 2017 deadline looming, the Occupational Safety and Health Administration (OSHA) just announced on its website an indefinite extension for the electronic submission of injury and illness logs. This extension...more

Don’t Report Yet! OSHA Holds Off on Electronic Posting Requirements

Last July, we wrote about the Occupational Safety and Health Administration’s new electronic reporting requirements, which will require certain employers (those with 250 or more employees, or those with 20-249 employees in...more

OSHA Indefinitely Delays Electronic Reporting Requirements

by Beveridge & Diamond PC on

Last week, the Labor Department indefinitely delayed enforcement of at least the first phase-in deadline of its electronic reporting requirements for injury and illness logs. Specifically, OSHA’s Injury and Illness...more

OSHA Delays Electronic Recordkeeping Compliance Date

by Nexsen Pruet, PLLC on

Last week, the Occupational Safety and Health Administration announced that it intends to delay for an unknown period of time the initial compliance deadline for electronic submission of injury and illness recordkeeping...more

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