News & Analysis as of

Protecting Workers From Heat Stress

The long, hot summer months are upon us...Did you know that an employer’s “duty to provide a safe workplace” under OSHA includes protecting employees from illness caused by heat stress? Heat stroke, heat cramps, heat...more

Fatal job-related injuries lead to OSHA investigation

An Alabama man working as a contractor lost his life after suffering from fatal job-related injuries. The man died after a tragic accident that resulted in severe burns on most of his body while he was employed by Ranger...more

OSHA Update: A Tale of Two Proposed OSHA Regulations

Back in February, we mentioned that public comments were being accepted on OSHA's proposed rule that would require employers with more than 250 employees to electronically report to OSHA their OSHA 300 (the injury and illness...more

Employer Liability for Workplace Accidents

Accidents can happen at any time, including at work. If you are a California employee who was injured on the job or while performing work duties, it is important that you understand your rights and legal options. In many...more

Court Grants Deference to Secretary of Labor's Interpretation of OSHA Regulation

When the Secretary of the Department of Labor and the Occupational Safety and Health Review Commission offer competing but reasonable interpretations of a worker safety regulation, the Secretary's interpretation is entitled...more

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

OSHA Update: Blaming Workers for Injuries?

In 2012, OSHA warned employers to be cautious about safety incentives that encourage workers not to report workplace injuries. As part of this memo from OSHA, employers were told to make sure that employees were free to...more

Star Trek Client Seminar - OSHA In 2014: Boldly Going Where No Federal Agency Has Gone Before

In This Presentation: - OSHA Targets Automotive Industry - OSHA’s SHARP Program - SHARP Certification Requirements - OSHA Says Union Reps Can Represent Non-Unionized Employees During Inspections - Possible...more

Employer Should Have Fixed Safety Issue Before Accident, Not After: Safety Fix Did Not Merit Lower Fine

An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the Occupational Health and Safety Act because the action should have been taken – and was legally-required – before the...more

Posting Deadline for Form 300A Summary of Work Related Injuries & Illnesses - February 1, 2014

On February 1of each year, employers covered by the Occupational Safety and Health Administration’s (OSHA) Injury and Illness Recordkeeping Rules1 must post the official summary of all injuries and illnesses occurring in the...more

Reminder: Post Your 2013 OSHA Recordkeeping Annual Summary By February 1, 2014

Going into 2014, OSHA is continuing its focus of inspecting and, when alleged violations found, citing employers under its recordkeeping standard. Proper recordkeeping has become more critical to employers since OSHA recently...more

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more

Proposed OSHA Workplace Data Program Could Lead to More Targeted Employer Inspections

OSHA has issued a proposed regulation that, for the first time ever, would require certain employers to submit workplace injury and illness data directly to OSHA in electronic format. After being submitted, the data would...more

OSHA Proposes Changes to its Recordkeeping Rules that Would Make Injury and Illness Data Available to the Public

The Occupational Safety and Health Administration (OSHA) issued proposed rules that would require certain employers to electronically submit injury and illness information to OSHA on a periodic basis. Encouraged by President...more

Permanent Work Restrictions Aren't Always Permanent for Nevada Work Injuries

Here's an excellent question by someone posting a comment to my post about the difference between temporary light duty and permanent light duty - Do Permanent Work Restrictions (light duty) follow me once my case is...more

New Year’s Resolution — Protecting Your Business: 10 Employment Law Questions To Test Your Knowledge

In This Issue: - Employment Law New Year’s Quiz - For More Information - Excerpt from Employment Law New Year’s Quiz: 1. An employee has complained that he has been working long hours recently, but...more

OSHA Proposal Would Require E-Reporting and Public Posting of Injury and Illness Data

On November 8, 2013, the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor proposed a new rule which, if adopted, will require employers to electronically report injury and illness data on a...more

Don’t Let Your Super Sale Become A Violent Stampede

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail...more

NEWSFLASH: OSHA Sets Public Hearing on Publishing Employer’s Recordkeeping Logs for January 9, 2014

On November 15, the Occupational Safety and Health Administration (OSHA) announced via the Federal Register that it would hold an informal public hearing on its controversial proposal to publish online employer’s injury and...more

Proposed OSHA Rules Call for Electronic Filing of Employee Injury Records and Provide Public Access to Records

Last Friday, the federal Occupational Safety and Health Administration published proposed regulations overhauling employer obligations with respect to employee workplace injury and illness reporting. The new rules do not make...more

OSHA Proposes Publishing Worker Injury Data

OSHA has announced a proposed rule which will require establishments with 20 or more employees in certain industries with high injury and illness rates, to electronically submit their summary of work-related injuries and...more

Regulation by Shaming: OSHA Proposes to Publish Employers’ Injury and Illness Records Online

In a proposed rule published in the Federal Register on November 8, 2013, the Occupational Safety and Health Administration (OSHA) presented a drastic change to employers’ recordkeeping and reporting obligations. Current...more

OSHA Basics and Recent Trends in OSHA Enforcement Actions

THE OCCUPATIONAL SAFETYAND HEALTH ADMINISTRATION (“the Administration”) enforces the Occupational Safety and Health Act of 1970 (“OSHA”). From the employer’s perspective, emphasis on workplace safety is important because it...more

OHSA Charges May Proceed Against Insolvent Company In CCAA Proceedings: Court

Occupational Health and Safety Act charges could proceed against an insolvent company even though it had obtained protection from its creditors under the Companies’ Creditors Arrangement Act (“CCAA”), an Ontario judge has...more

Corporate Criminal Conviction as Corporate Death Sentence? Court Says Companies Can Be Fined into Bankruptcy for Workplace...

On September 4, 2013, the Court of Appeal for Ontario released its decision in the sentence appeal in R. v. Metron Construction Corporation (“Metron”). Government prosecutors had appealed against the C$200,000 fine Metron...more

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