Workplace Injury

News & Analysis as of

OSHA Staying the Course…for now…

At a recent American Bar Association meeting, Dorothy Dougherty, Acting Assistant Secretary of Labor for OSHA and Tom Galassi, Acting Deputy Assistant Secretary of Labor for OSHA both noted that while there has been a change...more

Congress Repeals New OSHA Injury and Illness Recordkeeping Rule - President Trump Blocks Fair Pay and Safe Work Places Executive...

Last week, the Senate approved a resolution killing a recordkeeping rule finalized by OSHA in December 2016, and this week, President Trump signed a congressional resolution invalidating the Fair Pay and Safe Workplaces...more

OSHA Promotes “Safe and Sound Campaign” to Assist Employers - A Change in Approach?

Seyfarth Synopsis: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their...more

Ohio Supreme Court Narrows Voluntary Abandonment Defense

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a...more

Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their...more

Lunchtime car accident a matter for WSIB, not courts, WSIAT rules

The Ontario Workplace Safety and Insurance Appeals Tribunal has ruled that an employee who was injured at lunchtime in a car accident was barred from suing the other driver in court.  Instead, he must go through the WSIB for...more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to...more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the...more

Employer Liability for Injuries Sustained by Temporary Agency Workers

The use of temporary employees provided by agencies that supply laborers, secretaries, nurses or other skilled or unskilled workers to the public and private sector is increasing. Employers who use these temporary agency...more

Washington Supreme Court Holds That Punitive Damages May Be Awarded to a Seaman Under a General Maritime Law Unseaworthiness Claim

On March 9, the Washington State Supreme Court issued an opinion confirming the types of damages available to a plaintiff under a general maritime unseaworthiness claim, specifically determining that punitive damages are...more

Web Exclusive: Preparing For Increased OSHA Enforcement In The Hospitality Industry

The hospitality industry is both a major employer and economic driver in the United States. Yet, historically, the Occupational Safety and Health Administration (OSHA) has been less than hospitable to the multi-billion dollar...more

How to Survive a North Carolina Department of Labor OSH Investigation

Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division ("OSH") at any time. Investigations may occur because of an on-the-job accident or a...more

House of Representatives Votes to Block OSHA Recordkeeping Rule

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing...more

Top 10 Proposed Changes to Iowa's Workers' Compensation Law

The Iowa Legislature is currently reviewing proposed legislation pertaining to Iowa’s Workers’ Compensation laws. The proposed legislation has been introduced as House File 518, with companion Senate File 435. ...more

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Top 10 OSHA Violations of 2016

Every year, OSHA releases a list of the 10 most frequently cited violations, which, for 2016, were accumulated by reviewing the nearly 32,000 workplace inspections conducted by OSHA staff. The list for 2016 looks a whole lot...more

Missouri Supreme Court Tightens the Reins on Personal Jurisdiction

State ex rel. Norfolk Southern Railway Company v. The Honorable Colleen Dolan, 2017 WL 770977, No. SC95514 (February 28, 2017) - In a recent opinion, the Missouri Supreme Court continued the U.S. Supreme Court’s trend...more

Quashing Lawlessness: Congress Votes on OSHA’s Attempt to Avoid the Volks Decision

An appellate court one level below the Supreme Court of the United States, and highly respected in the field of administrative law, recently held that the Occupational Safety and Health Administration’s (OSHA) interpretation...more

Chicago Professional Sports Teams Seek Workers’ Compensation Reform

The Chicago Bears, Blackhawks, Bulls, Cubs and White Sox have written a letter to a state representative in a show of support for a new bill that could detrimentally affect the workers’ compensation claims of injured...more

“Safety Engineering Letter of Opinion” dealing with OHSA obligations disallowed by court in civil lawsuit

A “Safety Engineering Letter of Opinion”, styled as an “expert report” and covering Occupational Health and Safety Act obligations, was struck and its author was prohibited from testifying at the trial of a civil lawsuit....more

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

Health Alert (Australia) March 6, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth . Administrative Appeals Tribunal 28 February 2017 - Nairn and National Disability Insurance Scheme...more

One of Our Employees Died at Work – Am I Going to Jail?

Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

All About OSHA

Nearly every time I visit OSHA’s website, which is a daily event for me, I find something new. It might be a news release on the latest enforcement action, which might tell me what compliance officers are focusing on in...more

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