Latest Posts › Employer Liability Issues

Share:

Don’t Know What to Do While the OSHA Mandate-or-Test Vaccine ETS is in Litigation Limbo? Here’s a 3-Step Approach for Employers

You’ve digested the detailed FAQs on OSHA’s mandate-or-test vaccine ETS, you’ve read about the rule being blocked by a court order, and you know that a conservative appeals court now controls the fate of the rule (for now)....more

EEOC Clarifies That Employers Cannot Require COVID-19 Antibody Tests

The EEOC further revised its guidance to employers to clarify that it does not deem workplace antibody testing lawful under the Americans with Disabilities Act (ADA). COVID-19 antibody tests have recently been touted as a way...more

New Devlopments About Coronavirus Transmission and US Travel Restrictions.

UPDATED February 3, 2020. As we stated in our January 27th Alert, employers must continue monitoring and responding to developments and acting accordingly to protect their employees, assets, and brand. The general approach...more

Plan for the Novel Coronavirus 2019-nCoV, but Don’t Forget about the Seasonal Flu.

Although the cases have slowed in some areas, we still expect a heavy flu season. According to the CDC’s January 18 FLUVIEW, we’re up to 15-million U.S. flu illnesses, 140,000 hospitalizations, and 8,200 deaths, especially...more

Worrying Challenges in Performing Embedded or Plant Shutdown Work.

After 35 years of practice, certain issues keep me awake at night. One concern is about contractors working onsite or embedded in a working plant or other facility. Examples include year-round or shutdown work at power...more

I don't have a SOP for that issue.

I recently talked to a group of managers about misusing Standard Operating Procedures (SOPs) and the resulting safety and performance problems. Issues raised, included... • Employees justifying bad judgment by claiming...more

The ABCs Of CBD For Employers

An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair employees? If an employee or applicant tests positive on a drug test and...more

Damned if You Do – Damned if You Don’t – How Much Can I say?

How often have you wished that you could candidly respond to reference requests or to attacks on your organization or questions about a catastrophe... and been unable to do so because of “legal concerns?” The legal...more

Workplace HR and Safety Lessons from Movies: “Untouchable”

The first full documentary on the fall of film mogul Harvey Weinstein premiered at this year's Sundance Film Festival, and it can provide employers with an important reminder about the need to rid workplaces of sexual...more

Web Exclusive: Blast From The Past? Handling Tuberculosis Fears In The Modern Workplace

Until the 1950s, tuberculosis terrified people in both developed and undeveloped countries, causing thousands of sanitariums to “isolate” patients. No real cure existed. Partly in response to the 400 percent increase in TB in...more

What’s Next Now that OSHA Rescinded Part of the Electronic Recordkeeping Requirements?

As we reported earlier yesterday, OSHA released its Final Rule eliminating the responsibility of certain employers to electronically submit to OSHA data from its Form 300 Workplace Injury and Illness Log and the 300A forms...more

Appeals Court Upholds Decision Limiting the Right of OSHA to Expand Inspections.

Oct. 9, 2018 We've waited for over a year to learn if the 11th Circuit Court of Appeals would uphold an earlier court decision saying that OSHA could not expand an injury-based inspection by arguing that injury records and an...more

What’s Up with OSHA’s New Electronic Recordkeeping Requirements?

If you go to OSHA’s Electronic Recordkeeping page, and hit the Electronic Submission section, you’ll be greeted with this message: Electronic Submission of Injury and Illness Records to OSHA - Launch ITA -...more

An Attorney's Perspective on Combustible Dust Compliance

I handled my first combustible dust case in the late 80s and long before I worked at the Imperial Sugar plant event, I had learned about the fickle and never-to-be-taken lightly risks associated with combustible dust....more

Just Released Quest Diagnostics 2017 Drug Testing Index Results Show Startling Changes Affecting Employers.

All employers should review the yearly release of Quest Diagnostics’ Annual Drug Testing Index, which since 1988 has provided the nation’s most accurate information on employee drug use changes. I quoted the sage, Yogi...more

Stand Fast, Employers: What You Need To Know About Standing Desks

As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit...more

Weekly Round Up – February 4, 2018

Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general,...more

Howard’s Weekly Roundup - January 27 - Part 2.

We’ve separated Saturday’s Weekly Roundup into two posts for more easy consumption. This section includes comments from two nationally recognized professionals in our industry who commented on safety, employment law, and...more

Howard’s End of the Week Roundup - January 21

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

What A Government Shutdown Would Mean For Employers

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

An Update from AGC’s Winter National Safety Committee Meetings.

Folks who follow my writing know that of the many groups to which I speak, the AGC National Safety Committee is my favorite. I love the industry and I value the clients and contacts who have become friends, even Bob Emmerich,...more

Howard’s End of the Week Roundup. January 6, 2017

This Week’s Labor, Employment Law and OSHA Legal Developments - • Administration is resubmitting Scott Mugno for OSHA leader and shooting for a January 11 Committee hearing. • The vital US Labor Department Solicitor...more

Are Your California Employees Asking for Dust Masks Because of the Raging Fires?

Our California offices reported that local governments are provided N 95 dust masks to citizens because of the wild fires. Such masks may not actually help all users and the smoke and particulate may not exceed permissible...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide