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
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
Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus – especially now that the...more
3/3/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Foreign Workers ,
Global Workforce ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
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
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
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 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
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
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
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
2/20/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Misconduct ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Human Resources Professionals ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Workplace Safety
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
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
1/25/2019
/ Corporate Counsel ,
Electronic Filing ,
Employer Liability Issues ,
Final Rules ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
State Labor Laws ,
Statute of Limitations ,
Volks Rule ,
Workplace Illness and Injury Reporting
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
10/10/2018
/ Chemicals ,
Corporate Counsel ,
Employer Liability Issues ,
Hazardous Substances ,
Manufacturers ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Safety Inspections ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
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
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
7/13/2018
/ Combustible Dust ,
Employer Liability Issues ,
Fires ,
Hazardous Substances ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
Risk Mitigation ,
Safety Data Sheets ,
Safety Inspections ,
Workplace Hazards ,
Workplace Safety
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
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
5/2/2018
/ Americans with Disabilities Act (ADA) ,
Business Development ,
Employer Liability Issues ,
Employment Discrimination ,
General Duty Clause ,
Health and Safety ,
Interactive Process ,
OSHA ,
Reasonable Accommodation ,
Risk Mitigation ,
Undue Hardship ,
Workplace Safety
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
2/6/2018
/ Best Practices ,
Employees ,
Employer Liability Issues ,
Government Investigations ,
Influenza ,
Job Applicants ,
OSHA ,
Pay Equity Laws ,
Salary/Wage History ,
Supervisors ,
Wage and Hour ,
Wellness Programs ,
Witness Statements ,
Workplace Safety
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
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
1/22/2018
/ Bureau of Labor Statistics ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Shutdown ,
Hospitality Industry ,
Hotels ,
Local Ordinance ,
NLRB ,
Nominations ,
OSHA ,
Secretary of Labor ,
Senate Committees ,
Unions ,
Workplace Injury ,
Workplace Safety
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
1/18/2018
/ Budget Reconciliation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Green Cards ,
Labor Relations ,
NLRB ,
OSHA ,
PERM ,
Small Business ,
Trump Administration ,
US State Departments ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas ,
Workplace Safety
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
1/15/2018
/ Best Practices ,
Emergency Response ,
Employee Training ,
Employer Liability Issues ,
Human Resources Professionals ,
OSHA ,
Risk Management ,
Safety Equipment ,
Safety Precautions ,
Safety Training ,
Silica ,
Workplace Safety
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
1/9/2018
/ Attorney General ,
Ban the Box ,
Cole Memorandum ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Electronic Reporting ,
Employer Liability Issues ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
NLRB ,
OSHA ,
Parental Leave ,
Penalties ,
Salary/Wage History ,
State Labor Laws ,
Workplace Illness and Injury Reporting
Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more
1/8/2018
/ Attorney General ,
Best Practices ,
Cole Memorandum ,
Controlled Substances Act ,
Criminal Prosecution ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Dispensaries ,
Drug Possession ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal v State Law Application ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Reasonable Accommodation ,
Rescission ,
State and Local Government ,
Trump Administration ,
Workplace Safety
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