News & Analysis as of

Workplace Injury

Who Is The Employer Of a Staffing Agency Temp?

by Shipman & Goodwin LLP on

Many businesses bring on extra help for temporary or seasonal needs, and some even do all their hiring from the ranks of such workers, a practice known as “temp to perm.” Often the easiest way to find this kind of help is to...more

Ohio Bureau of Workers’ Compensation New Guidelines For Approval of Lumbar Fusion Surgery

by Reminger Co., LPA on

Effective January 1, 2018, the Ohio Bureau of Workers’ Compensation implemented new guidelines for the approval of lumbar fusion surgeries. These guidelines focus, not only on the request itself for the lumbar fusion...more

Second Circuit Permits Longer Look-Back Period for Repeat OSHA Violations

by Ballard Spahr LLP on

The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more

Weekly Roundup - February 10.

by Fisher Phillips on

If you are involved in safety or risk management, especially in construction, you recognize that struck-by accidents are almost always among the top three causes of employee deaths. What you may not appreciate is that most...more

Open & Known Hazards Under the Kinsman Exception to Privette

Gonzalez v. Mathis, 2018 WL 718528 confirms the difficulties a defendant will face when trying to overcome the Kinsman exception to the Privette doctrine on a dispositive motion when dealing with an open and obvious hazard....more

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

Quiet Release Of Report Likely To Change The Victorian WHS Enforcement Landscape – Carrot Or Stick Approach?

by Seyfarth Shaw LLP on

In the last working week of 2017, the Victorian Government quietly released the Independent Review of Occupational Health and Safety Compliance and Enforcement in Victoria....more

Employers Must Post OSHA 300A From February 1 – April 30

by Jackson Lewis P.C. on

Employers covered by OSHA’s recordkeeping rule are required to prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” beginning February 1 and keep the form posted until April 30. The form...more

Illinois Appellate Court Expands PSEBA Exposure for Illinois Local Governments

by Holland & Knight LLP on

• On Tuesday, Feb. 6, 2018, the Illinois First District Appellate Court, in a 2-1 decision, greatly expanded the "unlawful act" trigger for eligibility for lifetime healthcare benefits under the Public Safety Employee...more

[Webinar] Unlock the Mysteries of OSHA’s Lockout/Tagout Standard - February 20th, 1:00pm ET

by Conn Maciel Carey LLP on

OSHA’s Lockout/Tagout (Energy Control) Standard is always one of OSHA’s most frequently cited standards, and with the “Amputations National Emphasis Program” continuing into 2018, as well as LOTO violations continuing to be...more

Cal/OSHA Drafts Rules For Workplace Violence Prevention In General Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Division of Occupational Safety and Health (DOSH) recently held an advisory meeting on the Agency’s draft rules for Workplace Violence Prevention in General Industry. It is seeking public...more

Igniting Awareness About Flammable Chemicals

by Howard Ankin on

According to the Occupational Safety & Health Administration (OSHA), flammable liquids and chemicals in the workplace increase the potential injury risks for workers. Flammable liquids are capable of igniting flash fires and...more

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive...

by Hinshaw & Culbertson LLP on

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort....more

Your OSHA 300A Must Be Posted Today. But, Should You Submit It, Too?

by Husch Blackwell LLP on

Today is the deadline to post internally at your company a copy of your 2017 OSHA 300A summary. But, you’ve still got time – until July – to submit the data to OSHA under the new electronic recordkeeping rule. Should you wait...more

OSHA News Releases from January 15 through January 31

by Kelley Drye & Warren LLP on

01/30/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Georgia Auto Parts Manufacturer for Safety Violations, Proposes Maximum Penalties - 01/25/2018 – Region 4 OSHA News Release – U.S. Department of...more

California Moves Closer To Regulating Hotels Toward Musculoskeletal Injury Prevention

by Seyfarth Shaw LLP on

Seyfarth Synopsis:  This past week, the Cal/OSHA Standards Board approved a new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement new requirements...more

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

BWC may lower rates: Employers save up to $163.5 million!

by Bricker & Eckler LLP on

There is good news for Ohio’s private employers: the Bureau of Workers’ Compensation (BWC) may be reducing premium rates. On January 25, 2018, the BWC asked its board of directors to reduce rates by 12 percent with an...more

Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

by Carlton Fields on

This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more

Ohio Imposes New Rules On Back Surgeries In Workers' Compensation Cases

by Roetzel & Andress on

The Ohio Bureau of Workers’ Compensation (BWC) has instituted a new rule regarding back surgeries and opioid use in workers’ compensation cases. Under the rule, which became effective January 1, 2018, a worker suffering from...more

REMINDER: Feb. 1st Deadline to Certify and Post OSHA 300As: Four Common Mistakes Employers Make

by Conn Maciel Carey LLP on

This is your annual reminder about the important annual February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or...more

MSHA Issues Warning On Blast Safety Following Fly Rock Injuries

by Jackson Lewis P.C. on

MSHA recently issued a safety alert regarding safe blasting procedures following serious injuries suffered by miners as a result of a premature blast. Despite being positioned a safe distance from the blast area, the shot...more

Howard’s End of the Week Roundup - January 21

by Fisher Phillips on

I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought...more

Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year

by Fisher Phillips on

After nearly six years of discussion and debate, the Cal/OSHA Standards Board (Board) yesterday approved a standard on “Hotel Housekeeping Musculoskeletal Injury Prevention.”...more

What effect does the government shutdown have on OSHA and MSHA enforcement?

by Husch Blackwell LLP on

Everyone from political junkies to average citizens has an opinion on the January 2018 government shutdown, and some may have bets on its duration. However, while the government continues to flounder, the private sector...more

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