When an inspector from the Occupational Safety and Health Administration (OSHA) shows up at your workplace, know this: everything—and we mean everything—that a manager or supervisor says at any point to the inspector will...more
Every presidential administration has its priorities, and President Trump’s is no different. President Trump has put his stamp on the Occupational Safety and Health Administration (OSHA) by stalling, delaying, or modifying...more
This past Memorial Day weekend, the southeastern region of the United States experienced a historic heatwave that set all-time records. It’s only going to get hotter, and temperatures throughout the summer can create hazards...more
The Occupational Safety and Health Administration (OSHA) conducted an inspection of your facility. OSHA issues a serious citation to your company for a machine guarding violation, despite the fact the OSHA investigator did...more
North Carolina law requires employers with a workers’ compensation experience rate modifier (“ERM”) of 1.5 or higher to “establish and carry out a safety and health program to reduce or eliminate hazards and to prevent...more
Under the Occupational Safety and Health Act of 1970 (OSH Act), employers have a right to be given the opportunity to accompany an OSHA compliance safety and health officer (CSHO) during an inspection of the workplace.
In...more
An accident happens at your workplace, leading to an employee injury. During the hectic response, incorrect information funnels its way up to the safety director charged with notifying OSHA of reportable injuries and...more
The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more
3/27/2019
/ Citations ,
Defense Strategies ,
Employer Liability Issues ,
Federal Rules of Evidence ,
Inadmissible Evidence ,
Litigation Strategies ,
OSHA ,
Settlement Conferences ,
Settlement Offer ,
Trial Practice Guidance ,
Witness Statements ,
Workplace Injury ,
Workplace Investigations
According to the Occupational Safety and Health Administration (OSHA), motor vehicle crashes cost employers $60 billion annually in medical care, legal expenses, property damage, and lost productivity. Motor vehicle crashes...more
3/8/2019
/ Best Practices ,
Distracted Driving ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Motor Vehicles ,
OSH Act ,
OSHA ,
Risk Mitigation ,
Traveling Employee ,
Workplace Safety
An accident happens at your workplace, and an employee is injured. During the hectic response, incorrect information funnels its way up to the safety director or person charged with notifying OSHA of reportable injuries and...more
An accident happens and an employee is seriously injured and admitted to the hospital. Not only does the company need to conduct an investigation into what happened, but it must report the injury to OSHA as well. During its...more
Employers will be facing higher penalties from the federal Occupational Safety and Health Administration (“Fed-OSHA”) in 2019. On January 15, 2019, Fed-OSHA announced that it plans to increase the maximum penalty an employer...more
As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more
1/14/2019
/ Anti-Deficiency Act ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Employment Eligibility Verification ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Foreign Workers ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
OSHA ,
Trump Administration ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
Because Congress and the president could not approve a stopgap funding bill by midnight on December 21, the federal government partially shut down, with no compromise in sight. What will this mean for employers across the...more
12/27/2018
/ Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Federal Contractors ,
Foreign Nationals ,
Government Agencies ,
Government Shutdown ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
NLRB ,
Trump Administration ,
USCIS ,
Visas
With the threat of a partial government shutdown looming on December 21, employers are left wondering which government agencies will be impacted if the shutdown occurs. Presently, departments in the following areas will be...more
If Congress and the president cannot approve a stopgap funding bill by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? Because of the peculiarities of the...more
While it is not comparable to David Letterman’s Top 10 lists, at a recent industry gathering, OSHA announced its annual top 10 violations for fiscal year 2018 (October 1, 2017, through September 30, 2018). For those who have...more
11/16/2018
/ Citations ,
Construction Industry ,
Construction Workers ,
Employer Liability Issues ,
General Contractors ,
OSHA ,
Popular ,
Safety Inspections ,
Safety Training ,
Safety Violations ,
Workplace Hazards ,
Workplace Safety
In a significant victory for employers, a federal appeals court recently limited OSHA’s ability to expand accident investigations beyond their original and intended scope. The 11th Circuit’s decision in United States v....more
10/18/2018
/ Appeals ,
General Duty Clause ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury
At a recent national safety conference for the industry, the acting head of the Occupational Safety and Health Administration (OSHA) remarked that the agency is focusing on the use of peracetic acid in the poultry industry....more
Elaine Benes loved poppy seed muffins. That is, until she failed a drug test at work for opium. That’s right. As Peterman said, “White Lotus. Yam-yam. Shanghai-Sally.” Elaine did not lose her job, but she was not allowed to...more
It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more
Your employees could be at a heightened risk for developing an addiction to opioids after a workplace injury. Now is the time to take measures to minimize the risk of this happening to them.
It is well known that...more
After the Sixth Circuit Court of Appeals’ decision in Jones Brothers, Inc. v. Sec’y of Labor, citations upheld by administrative law judges within the Federal Mine Safety and Health Review Commission (“FMSHRC”) may be...more
8/3/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appointments Clause ,
Citations ,
Lucia v SEC ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
OSHA ,
OSHRC ,
Securities and Exchange Commission (SEC)
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more
8/2/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Citations ,
Coal Industry ,
Enforcement Actions ,
Mine Safety and Health Administration (MSHA) ,
Mining ,
Securities and Exchange Commission (SEC)