Workplace Injury

News & Analysis as of

OSHA Targets More Manufacturing Industries For Amputation Inspections

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries, primarily in manufacturing, that are targeted for...more

Why Opt-Out Plans Lead to Workers’ Compensation Struggles

Workers’ compensation reform has been a serious topic of debate in Chicago, in recent months. As Illinois state legislators continue to discuss ways to save money, workers are concerned about how these changes could affect...more

Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws

Every year I attend a Larson Advisory Board luncheon scheduled during the National Workers’ Compensation and Disability Conference in Las Vegas. Advisory Board members are attorneys from various states who blog and...more

Caution: Your Workplace Accident Investigation May Be Used Against You!

Last week, I posted about OSHA’s expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to OSHA electronically...more

OSHA Rule Requiring Employers To Post Injury, Illness Info Online May Be Coming Soon

A draft final rule on electronic tracking of employers’ injury and illness records has been sent to the White House’s Office of Information and Regulatory Affairs by the Occupational Safety and Health Administration. This is...more

Your MSA is in Place – Now What?

Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

B.C. introduces more legislation to improve workplace safety after mill fires

British Columbia recently introduced legislation to promote workplace safety in sawmills.  Bill 35 will require more extensive involvement from members of the joint health and safety committee during workplace accident...more

Experts Alone Cannot Save You - Australia Labour, Employment Workplace Safety Alert

A recent decision by the NSW Industrial Court (Court) is a further reminder that businesses can't hide behind appointed experts or delegate their safety obligations and responsibilities to others. It is also a reminder that...more

Statistics on Workplace Fatalities

Half a century ago, approximately 14,000 workers were killed on the job. However, after the creation of the Occupational Safety and Health Administration (OHSA) and the resulting policies that were implemented, working...more

Is the Loss of Vision Reportable Under OSHA’s New Rule?

OSHA’s new rule requiring that any work-related amputation, inpatient hospitalization, or loss of an eye be reported within 24 hours has resulted in a drastic increase in the number of inspections initiated as a result of...more

Post-accident remedial measures were a “small bit of common-sense engineering”, relevant evidence in finding company guilty of...

An employer’s post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held....more

Eighth Circuit Rejects OSHA’s Interpretation of Guarding Standard in Worker Fatality Appeal

On October 13, 2015, the Eighth Circuit Court of Appeals ruled in favor of Loren Cook in an 8–4 en banc decision in the carefully-watched machine guarding case of Perez v. Loren Cook Company, Eighth Circuit Court of Appeals,...more

WHS Amendments Passed in Queensland and Become law (once again)

In a recent update, we confirmed that the Queensland Labor Government had introduced a Bill to reverse a number of the Newman Government's changes to work, health and safety provisions relevant to Health and Safety...more

Cold Stress: Protecting Workers in Illinois

Exposure to extreme weather conditions can cause serious illnesses, significant injuries, and even death, and the problem is much larger than many realize. According to the Centers for Disease Control and Prevention (CDC), in...more

OSHA Enacts Regulations Protecting Workers in Confined Spaces

Working in confined spaces poses a particular risk to Chicago employees. Consult a workers’ compensation lawyer at 312.600.0000. Most employees face some type of risk in the workplace, however, those who work in confined...more

Workers’ Compensation and the Burden of Proof

When filing a workers’ compensation claim in Illinois, the injured worker is required to prove that he or she is eligible for benefits. Although this can be extremely burdensome for individuals who are already suffering from...more

Recent Amendments to the Workers Compensation Act give WorkSafeBC Enhanced Compliance Powers

Recent changes to the Workers Compensation Act in British Columbia (the Act) significantly enhance WorkSafeBC’s ability to enforce occupational health and safety compliance. These include...more

NIOSH Drive Safely Work Week 2015 – Is Your Company (and its Policies) Ready?

The National Institute for Occupational Safety and Health (NIOSH) Center for Motor Vehicle Safety (CMVS), through its NIOSH Science Blog, recently featured the Drive Safely Work Week campaign. The event is scheduled for this...more

Would OSHA “Punt” on Inspecting an NFL Team?

The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more

Employee Assigned to Charlotte Operation But Working in South Carolina Cannot File North Carolina Comp Claim

Employers in cities like Charlotte that straddle state lines sometimes face interesting questions about the applicability of which state’s laws to their employment decisions. An employee may live in South Carolina, commute to...more

California Court of Appeal Reaffirms Hurdles to Overcoming Rating Presumption

In Contra Cost County v. Workers’ Compensation Appeals Board, and Dahl, Case No. A141046 [WCAB No. ADJ1310387], filed September 24, 2015, the California Court of Appeal, First Appellate District, annulled a Workers’...more

Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

Business owner facing criminal and provincial charges in workplace death

Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in Dartmouth, Nova Scotia after a worker died. The worker was killed when the vehicle he was working on caught...more

Shame on DIR-Lame response to petition

I wish I could say I’m surprised by the lame response by DIR (Division of Industrial Relations) to the Petition I filed in July for DIR to do its job and have an actuary review the discount rate used to convert permanent...more

Is OSHA Going to Put You in Jail?

The answer to my admittedly provocative question is “probably not,” but recent developments demand that employers consider criminal exposure under labor laws, Including the OSHAct. My partner and fellow OSHA nerd, Ed...more

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