Employers have become accustom to the periodic unfounded EEOC charges and may not treat them as seriously as a retaliation claim or litigation. However, the EEOC continues to change its procedures in ways which makes it more...more
Based on the U.S. success in containing Ebola last year, we have reaon to believe that should this terrifying disease reappear, the U.S. will minimize its domestic effects. Moreover research may even come up with better...more
We just completed the second of two Fisher & Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals. We...more
After yet another incident of workplace violence in the news, we have to consider that any employee served with a restraining order should be treated as a reason to take workplace security precautions. The shooter in the most...more
A New Approach to My Posts -
Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards. I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks!...more
3/28/2016
/ Department of Labor (DOL) ,
Discrimination ,
Drones ,
NLRB ,
Obama Administration ,
OSHA ,
Persuader Rules ,
Silica ,
Statistical Analysis ,
Wage and Hour ,
Workplace Violence
It may be more entertaining to describe heated disagreement between employers, OSHA and unions, but areas of tacit agreement are more significant, at least when it comes to guaranteeing worker safety....more
I prefer meeting with business leaders and safety professionals more than spending time with fellow attorneys. I enjoy my profession but 35 years ago my dad challenged me to “be a business person who is also a lawyer,” so I...more
Solicitor Smith did not announce any positions that we have not discussed, but she confirmed our opinions on the Administration’s priorities and their intentions as they energetically finish their term....more
The World Health Organization recently declared Zika a global public health emergency, only the fourth time the agency has declared the spread of a disease to be a health emergency of international concern. The following...more
I recently met with an international company which has armed security responders at some facilities, guards at others, and nothing at public establishments among its diverse operations. We talked about protecting lone...more
Never having to tell a wife or child that their loved one was killed at your worksite is reason enough to maintain a safe workplace, but businesspeople would be foolish not to also consider the legal costs of unsafe work...more
On February 1, 2016, the World Health Organization (WHO) declared Zika a global public health emergency. This is only the fourth time that the WHO has declared the spread of a disease to be a “public health emergency of...more
Employers quite rightly complain about the sheer number, intrusiveness and plain weirdness of California employment laws. However, Cal-OSHA and its regulatory scheme have not been that different from Federal-OSHA regulation....more
I try not to rely on “the sky is falling” marketing. So please seriously consider my following “New Year’s Resolutions”. I prefer to prevent problems.
With no further ado, here are my recommended 2016 Labor, OSHA,...more
We saw more OSHA changes in 2015 than in any time in the last 30 odd years. Nevertheless, an OSHA Administrative Judge issued a decision a few weeks ago that could eclipse OSHA’s 2015 pronouncements on temporary employees,...more
In October, OSHA announced an Emphasis Program on poultry processing in Regions IV and VI in states with Federal OSHA programs. Region IV Federal OSHA states are Alabama, Florida, Georgia and Mississippi. The Region VI...more
One would think that we are all desensitized to these terrible workplace shootings, but I find myself wrestling with the “whys” and “what to do next” following the San Bernardino mass murder. We’ll write and post more on the...more
The federal government has taken steps to create additional safety compliance obligations for hospitality employers that will make it more likely you’ll be on the receiving end of an inspection in the near future. So what...more
We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?” A BNA piece tonight summed up the...more
Employers woke up to a surprise on November 3. That’s when we learned that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes surprise provisions authorizing the...more
11/5/2015
/ Consumer Price Index ,
Corporate Executives ,
Federal Budget ,
Inflation Adjustments ,
Manufacturers ,
New Legislation ,
OMB ,
OSHA ,
Penalties ,
Retailers ,
Safety Violations ,
Workplace Safety
A lot of us woke up on November 3 and exclaimed, “What the heck! How did that happen?” The Budget Agreement signed on November 2, which was worked out behind closed doors, includes provisions authorizing OSHA to increase...more
With multiple tracks yesterday, I can only write about a few sessions. I’ll focus on topics related to OSHA’s priorities and plans as discussed in the sessions dealing with Federal and State OSHA Plan Updates and “OSHA is...more
On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more
10/5/2015
/ Department of Labor (DOL) ,
Distributors ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Health Care Providers ,
Hospitals ,
Manufacturers ,
NLRB ,
OSHA ,
Popular ,
Reporting Requirements ,
Safety Inspections ,
Strategic Enforcement Plan ,
Temporary Employees ,
Unfair Labor Practices ,
Wage and Hour ,
Whistleblowers ,
Workplace Violence
Note: This series was prompted by the DOJ’s September 9 “Yates Memo” focusing on increased executive prosecutions and renewed interest by OSHA in criminal actions.
We don’t see many employee or consumer safety criminal...more
The answer to my admittedly provocative question is “probably not,” but recent developments demand that employers consider criminal exposure under labor laws, Including the OSHAct.
My partner and fellow OSHA nerd, Ed...more