Every time a natural disaster hits, we learn of at least one person who tragically died of a heart attack when placed in a stressful or unusual situation. Sadly, we hear little about the hundreds of thousands of other deaths...more
10/9/2017
/ Catastrophic Events ,
Employer Liability Issues ,
Good Samaritans ,
Heart Attacks ,
Medical Devices ,
OSHA ,
Safety Training ,
State and Local Government ,
State Legislatures ,
Workers' Compensation Claim ,
Workplace Injury
Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more
8/29/2017
/ Disaster Preparedness ,
Employee Training ,
Employer Liability Issues ,
FEMA ,
Flooding ,
Hurricane Harvey ,
Hurricane Season ,
Natural Disasters ,
New Guidance ,
NOAA ,
OSHA ,
Recovery Plans ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
The Eclipse, Workers Safety and Triffids.
Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not...more
According to Bloomberg BNA, the Labor Department temporarily shut down OSHA’s (ITA) “Injury Tracking Application” portal for employers to report injuries and illnesses so that OSHA can investigate a “potential compromise” of...more
8/18/2017
/ Audits ,
Data Breach ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Electronic Records ,
OSHA ,
Portal ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Illness and Injury Reporting
No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more
6/24/2017
/ Employer Liability Issues ,
OSH Act ,
OSHA ,
Penalties ,
Popular ,
Presidential Appointments ,
Safety Violations ,
Silica ,
Trump Administration ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more
6/5/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Class Action Arbitration Waivers ,
Day of Rest Laws ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Budget ,
Federal Contractors ,
Food Service Workers ,
Gig Economy ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRB ,
OFCCP ,
On-Call Employees ,
OSHA ,
Paid Leave ,
Parental Leave ,
Popular ,
Portable Benefits ,
Repeal ,
Retail Workers ,
Sick Leave ,
Travel Ban ,
Trump Administration ,
Work Schedules
Employers will be relieved, at least temporarily, of the requirement to file injury information through an electronic recordkeeping system that was scheduled to take effect this July 1. The Occupational Safety and Health...more
If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite...more
We’re all scrambling for any hint of impending OSHA changes, but are limited largely to speculation because we do not yet have a new Secretary of Labor or an Assistant Secretary of Labor for OSHA. Career OSHA management at...more
On November 28, a Texas federal court judge issued a ruling that cleared the way for the whistleblower provisions of the new Occupational Safety and Health Administration (OSHA) Recordkeeping Rule to take effect as scheduled....more
Employers continue to question whether they must change their post-accident drug testing procedures because of the anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule announced in May, and if so, whether...more
We continue to receive calls from employers who have heard that they must change their post-accident drug testing procedures because of anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule. OSHA set an...more
We were stunned to see a squared away State OSHA plan issue a million dollar OSHA citation earlier this month.
We should, therefore take note, when that state’s Governor actually spoke at the state’s “Governor’s Safety...more
When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of...more
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more
7/6/2016
/ Child Labor ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Immigration and Nationality Act ,
OSHA ,
Visas ,
Wage and Hour
We know that you’re tired of hearing about major new federal Employment law changes but an unusually important announcement came out yesterday. OSHA has released details on the penalty increases effective August 1, 2016, but...more
Heat is Creating More Legal Problems this Summer.
It has been close to 100° in many southern states and even worse in the West. The Union of Concerned Scientists has warned of a “dangerous heat wave and steps to take....more
Even when I disagree with an OSHA safety initiative, I’ll concede that some good comes out of it, even if it is only to remind employers of the cost of neglecting safety. However, a Whistleblower Severe Violators Enforcement...more
The Good -
1. From an employer’s perspective it could have been worse. OSHA apparently recognized the logistical challenges of defining “the Enterprise” to include every affiliate or related company, but OSHA will...more
Today, May 10, OSHA announced that Agency head David Michaels will be conducting a morning press briefing on Tuesday, May 11 covering an undisclosed workplace safety topic, which likely means that OSHA is going to announce...more
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
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