News & Analysis as of

Workplace Injury General Duty Clause

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

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Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

Parker Poe Adams & Bernstein LLP

Can OSHA Regulate the Pace of Work to Enforce Ergonomic Safety?

The Washington State Department of Labor and Industries (DLI) and Amazon are engaged in a high-stakes dispute over the agency’s ability to require changes at warehouse operations intended to reduce what the state...more

Willcox & Savage

OSHA Sends Message to Treatment Facility: Keep Workers Safe from Violent Patients

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Workplace violence has become a serious issue for employers throughout the United States. In addition to the potential civil liability and workers’ compensation liability, employers must consider the potential for OSHA...more

Parker Poe Adams & Bernstein LLP

OSHA's Response to Amazon Warehouse Tornado Cautions Employers Over Need to Enhance Emergency Planning

On December 10, a Category 3 tornado directly hit an Amazon distribution facility in Edwardsville, Illinois, resulting in a partial collapse of the building and six employee fatalities. In response to this tragedy, the...more

Proskauer - Whistleblower Defense

OSHA’s COVID-19 Emergency Temporary Standard Contains Anti-Retaliation Provision

On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect.  While Proskauer’s Law and the Workplace blog covered the ETS in detail here, this post focuses on the...more

Foley & Lardner LLP

My Employees are Teleworking – Do I Need to Worry About OSHA Work Injuries at Home?

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The COVID-19 pandemic has caused lots of changes in society (social distancing, wearing masks, singing the “Happy Birthday” song while washing your hands, etc.). One undeniable change has been the substantial increase in the...more

Robinson+Cole Construction Law Zone

OSHA’s COVID-19 Guidelines for the Construction Industry are Generally Consistent with New York State’s and New York City’s...

On May 26, 2020, the Occupational Safety and Health Administration (OSHA) launched a webpage with coronavirus-related guidance for construction employers and workers. The guidance includes recommended actions to reduce the...more

Littler

OSHA Clarifies Safety Requirements for the Construction Industry and those Performing Work in Occupied Homes During COVID-19

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Have you updated your Workplace Safety and Health Program to identify and address the new hazards COVID-19 creates?  If not, now is the time, as OSHA expects employers to assess their workplaces to identify the ways their...more

Seyfarth Shaw LLP

House Passes Legislation on Workplace Violence in Healthcare and Social Assistance

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Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more

Maynard Nexsen

OSHA Citation of Employer For Failing to Do More to Prevent Workplace Violence Upheld

Maynard Nexsen on

In December 2012, a “service coordinator” (similar to a community service worker and home health worker) employed by Integra Health Management Inc. was fatally stabbed during a home visit to one of the company’s clients....more

Fisher Phillips

Workplace Violence Can Lead To General Duty Clause Violations

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In a matter of first impression, the Occupational Safety and Health Review Commission recently ruled that the Occupational Safety and Health Act’s general duty clause requires employers to protect employees from incidents of...more

Seyfarth Shaw LLP

OSHA And Title VII On Workplace Violence In Healthcare And Social Assistance

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Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019)....more

Fisher Phillips

Appeals Court Clamps Down On OSHA Investigations

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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

Robinson+Cole Health Law Diagnosis

Recent Joint Commission Guidance Recommends Steps for Health Care Organizations to Reduce Workplace Violence

Workplace violence is a risk at any health care workplace. Whether from patients, residents, clients, or employees. The Occupational Safety and Health Administration (“OSHA”) estimates that three quarters of all workplace...more

Baker Donelson

OSHA Concentrates its Health Care Facility Inspections on Key Areas, but Specific Requirements Remain Elusive

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On June 25, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a press release outlining its focus areas for health care facility inspections. Musculoskeletal disorders (MSDs),...more

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