OSHA Campaign to Protect Employees From Heat Hazards
We want to inform you of a new OSHA enforcement agenda that will cut across all industries, from General Industry to Construction to Agricultural. It involves the hazards of heat illness. The agency will be using the General Duty Clause to issue citations. We have been involved in several OSHA enforcement actions involving fatalities due to […]
District Court Creates Conflict Between Insurer and Insured Over Safety Inspection Reports
As you know, employer liability under OSHA has been expanding. The agency has been pursuing additional means and methods of establishing liability for citations. A recent decision in Federal District Court in Chicago represents an example of such further expansion. In the attached article there is a discussion of the case in which OSHA subpoenaed […]
OSHA Compliance – Personal Protective Equipment – Employer/Employee Duty to Pay
As you know, OSHA has had requirements for providing personal protective equipment (PPE) to employees since the inception of the Act. In addition, issues have arisen as to whether the employer or the employee has a duty to pay for the PPE. We have seen an increasing number of citations involving these regulations which were last […]
Shame on You! OSHA Regulation by Shaming
The enclosed article discusses another OSHA enforcement agenda that is now being used for high profile enforcement actions which can have a very major impact on an employer’s business reputation and, in some cases, economic viability. This agenda should be a clear message to employers that they need to be prepared for OSHA inspections and […]
Addressing Distracted Driving Employers Need to Keep Their Eyes on the Road
We have all heard of tragic accidents that have occurred because a driver was distracted by using a cell phone or other communication device while driving. These instances have resulted in civil and criminal liability for the driver and, if the driver was an employee acting in the course of employment, liability for the employer. […]
Federal OSHA Plays “Big Brother” to State OSHA Plans
As you may know, Federal OSHA has been aggressively enforcing safety and health compliance in those states in which Federal OSHA enforces the occupational safety and health program. Many States have assumed the responsibility to enforce their own occupational safety and health programs. Federal OSHA has conducted reviews of the State plan OSHA state programs’ performance […]
Warning Signs Chart
Danger, Warning, Caution, Notice, Safety First, Signs, see a full warning sign chart here.
Hard Hats – Commonly Asked Questions
Hard hats, 1910.135, 1926.100, Class G, Class E, Class C, Helmets, PPE, Personal Protective Equipment. Read Commonly Asked Questions on Hard Hats here.
OSHA Employee Interviews
As anyone who has ever experienced an OSHA inspection is well aware, a key element is the agency’s interviews of employees by the compliance officers from the U.S. Occupational Safety and Health Administration (OSHA) Unfortunately, a lot of confusion has occurred over the respective rights of OSHA, the employer and the employees. This article will […]
Too Good to Be True: Potential Pitfalls of OSHA Settlements
Many of you have participated in informal conferences with OSHA and entered into settlement agreements to resolve OSHA citations. It is important to consider the future impact of the settlement agreements not only on future OSHA enforcement, including potential Repeat or Willful citations, but also whether the settlement agreement could be used in other litigation outside of OSHA, such as personal […]
The Further Expansion of the Multi-Employer Workplace Doctrine
The following article reports on a further expansion of the multi-employer workplace doctrine. You will see that the recent decision of the Review Commission involves Summit Contractors at another location and not only discusses the “controlling” employer prong of the doctrine but also discusses the “creating” prong, in this case holding the employer for lack of GFCI […]
Employee Drug & Alcohol Abuse Policy and Test Program (SAMPLE)
See Employee Drug and Alcohol Abuse Policy and Test Program here.
