News & Analysis as of

Workplace Safety

Tesla’s CEO makes personal pledge for employee safety

by FordHarrison on

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report in May indicating that the injury rates at Tesla’s Fremont manufacturing...more

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

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

Mine Safety Agency Launches ‘Training Assistance Initiative’ For Miners With Less Experience

by Jackson Lewis P.C. on

Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA...more

Beryllium Exposure Rule Going Through Changes, OSHA Admits

by Jackson Lewis P.C. on

The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told...more

When The Summer Wind Comes Blowing In: Remember OSHA’s Heat Stress Guidance

by Cozen O'Connor on

On June 19, 2017, American Airlines announced it cancelled approximately 45 regional flights due to intense summer heat in the Phoenix area and there were record highs recorded in the region. The intense heat waves serves as...more

Workplace Violence Occurring At Alarming Rate: Time For Employers To Be Proactive

by Fisher Phillips on

It’s a news headline we’ve seen too often, including several times in recent weeks: another disgruntled employee or former employee has entered the workplace and killed or injured coworkers. What can you do to minimize the...more

Labour and Employment Alert: SCC Finds No Discrimination for Terminating Employee in Alberta Drug Addiction Case

by Field Law on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal’s ruling that an employer can terminate an employee for breaching a drug and...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

The Impact of Bill 132: Understanding and Applying Ontario’s Recent Sexual Harassment and Violence Legislation

In recent years, a number of high-profile cases involving sexual violence and sexual harassment have grabbed the headlines and the public’s attention in Canada. The troubling case of Jian Ghomeshi—and the subsequent...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

2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...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

Practical Tips for Maintaining Dignity During Termination Meetings: Everybody Wins

by Foley & Lardner LLP on

This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer’s job site and killed 5 of his former co-workers...more

Golden State Worriers: California Labor & Employment Bills to Watch

by Littler on

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

SuperVision Today - June 2017

Editor's Note - Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more

When is a Right of Entry a Right?

by K&L Gates LLP on

Union officials come on to a construction site arguing that they don't need to comply with Right of Entry laws because they are there to look after a safety concern. You try to get a clear picture of the legal basis of their...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

Mine Safety Agency Issues Alert For Effective Check-In/Check-Out Systems

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has issued an alert on the importance of employing an effective check-in/check-out system in metal and nonmetal underground mines that lets employers know how many people are...more

OSHA kicks off Safe + Sound Week, offering guidance on workplace safety

by Nexsen Pruet, PLLC on

Federal OSHA as well as the South Carolina and North Carolina labor departments have designated June 12-18, 2017, as the inaugural Safe + Sound Week. The purpose of this nationwide initiative is to raise awareness and...more

Mine Safety and Health Administration (MSHA) Further Delays Effective Date of New Workplace Exam Rule for Metal/Nonmetal Mines

by Conn Maciel Carey LLP on

On May 22, 2017, MSHA published another extension of the enforcement effective date for its new rule governing the Examinations of Working Places in Metal and Nonmetal Mines, just one day prior to the initially announced...more

OSHA And Workplace Violence

by Cozen O'Connor on

The workplace violence tragedy in Florida yesterday where a lone gunman killed five people and then himself at an Orlando awning factor is a sad reminder that workplace violence remains a serious issue for businesses. OSHA...more

[Webinar] MSHA Citations and Orders Beyond 104(A)’s - June 20th, 1:00pm ET

by Conn Maciel Carey LLP on

Most, if not all, operators have at one time or another received a 104(A) citation from MSHA. While operators may be aware the basic orders MSHA can issue, such as unwarrantable failures, there are numerous, lesser known...more

West Virginia’s New Drug & Alcohol Law: What You Need to Know for Your Testing Programs

West Virginia employers that may have hesitated in the past to implement and enforce robust drug and alcohol testing policies may now do so without fear of running afoul of prior state court decisions limiting employers’...more

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