News & Analysis as of

Workplace Injury

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

OSHA-Compliant Incentive Programs

by Poyner Spruill LLP on

Many employers utilize incentive programs to reward employees for compliance with company safety policies. Many of these programs utilize a system of rewards based upon the number of consecutive days a facility has been...more

Time to Electronically Report Your Injury and Illness Records to OSHA - or is it?

by Winstead PC on

The Occupational Safety and Health Administration (OSHA) has announced that its Injury Tracking Application, nicknamed “ITA,” will go live on August 1, 2017. ITA, which will be accessible on OSHA’s site here, is a web-based...more

PilieroMazza Legal Advisor - Third Quarter 2017

by PilieroMazza PLLC on

In this Issue: - The All Small Mentor/Protégé Program, One Year Later: Lessons Learned and a Key Milestone - Protecting Your Employees and Confidential Information when Working with Teaming Partners -...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

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

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