Dealing With A Hostile Employee
This month has been particularly unfortunate in terms of workplace violence both on a national scale but also for a number of the clients we assist who have experienced actual incidents or near misses. The enclosed article is intended to provide a framework to deal with these issues when they arise so that the employer […]
Employer Achilles Heel – Supervisor Failure to Enforce OSHA Compliance
This article discusses some of the challenges that employers are facing as they move forward with the new generation of supervisors who will be required to have knowledge of safety and health hazards and the responsibility to enforce the employer’s safety and health policies. The supervisor truly can be the Achilles’ heel of the entire […]
OSHA Campaign to Protect Employees From Heat Hazards
Summer is approaching! We are starting to receive inquiries about heat illness from companies who have had OSHA inspections or employee complaints about excessive heat at the workplace. As you know, OSHA has a heat illness agenda that employers should be aware of and develop a program. The hazard of heat illness, however, can involve […]
Haz Comm 2.0: OSHA Announces Final Hazard Communication Rule
As you all know, the OSHA Hazard Communication Standard (“employee right to know”) is one of the agency’s oldest and most cited regulations. After years of discussion and comment, the regulation has been revised with various compliance obligations extending to 2016. The revised Final Rule was published on March 26, 2012 with an effective date […]
Defending Against a Speculative or Theoretical OSHA Citation
This article addresses a subject that has been vexing to employers, that is, what is OSHA’s proof of an employee’s “exposure” to a hazard that is sufficient to support a citation. Employers become frustrated when they are cited and there does not appear any reasonable basis to conclude that an employee was exposed to a […]
Fall Hazards: One of OSHA’s “Big Three”
This article focuses on one of OSHA’s “Big Three” hazards, falls. It discusses the applicable regulations as well as several recent decisions involving the regulations. Please contact us if you have any questions and feel free to use the article within your organization and in your publications. Read full article here.
OSHA Willful Citations Increase Employer Liabilities
This article focuses on OSHA’s recent emphasis on the issuance of willful citations and to provide some guidance on steps that can be taken to avoid this liability. Please feel free to use this article within your organization for training and to circulate it to necessary individuals. Read full article here.
Are you a Reasonably Prudent Employer? Court Lowers Burden of Proof for OSHA Citations
This article is a negative event for employers because it discusses a recent Court decision that lowers OSHA’ s burden of proof to prove citations against employers. It arises out of a tragic case involving a construction site fatality. We encourage you all to read it since it illustrates how the agency may be able […]
Environmental & Workplace Safety Audits: Creating & Preserving Legal Privileges
As you know, in this era of aggressive enforcement by OSHA, EPA and other regulatory agencies, employers are increasingly concerned about their potential liabilities and their compliance obligations. As a result, many employers seek the assistance of legal counsel for advice. Since many of these compliance obligations involve analysis of technical data, the attorney who […]
OSHA Expansion Fall Hazard Liability for Host Employers
As you know, OSHA has continually attempted to expand the scope of the multi-employer workplace doctrine. The enclosed article discusses a recent case in which it was extended to attempt to find liability against a host employer who engaged an outside contractor to perform electrical work which required access to the building at the host employer’s […]
OSHA Citation Upheld for Employee Trampling Death
As you know, OSHA has been making much more frequent use of the General Duty Clause under the new Administration to address what it considers “recognized hazards” that are not regulated under existing standards. The enclosed article discusses the recent decision involving Wal-Mart in which the Judge upheld a General Duty Clause citation arising out […]
For the Record: OSHA Recordkeeping and Reporting Requirements
This article discusses some of the salient and often vexing questions that employers must address with their OSHA recordkeeping compliance. It also discusses proposed changes to the Federal reporting requirements to notify OSHA in the event of accident resulting in employee injury, from the present rule requiring notice to OSHA within eight hours of a […]
