First Aid – Heat and Sun Safety
Read First Aid – Heat and Sun Safety here.
Unavoidable Employee Misconduct
As you know, OSHA has announced that its focus will be enforcement, including aggressive inspection of workplace accidents, particularly fatalities. In order to be able to avoid potential citations arising out of a fatality, an employer must develop and enforce safety and health programs that address the hazards in its workplace. The enclosed article discusses […]
OSHA Whistleblower Protection
As you know, the current Administration has signaled that “enforcement” (inspections and citations) will be its primary focus to regulate workplace safety, including enhanced penalties, higher gravity citations and significant enforcement consequences for employers who fall within the Severe Violators Enforcement Program(SVEP). Not to be forgotten is the protection against retaliation afforded to employees under the […]
OSHA Ups the Enforcement Ante on Employers
As you probably know, in the last two weeks OSHA has issued several high profile Memoranda relating to several enforcement agendas that will create substantial new liabilities for employers. The enclosed article discusses these new liabilities, including the Severe Violators Enforcement Program (SVEP), changes to the Agency’s penalty policies, changing the criteria for issuance of Repeat […]
A Snitch In Time Saves Lives – The Importance of Reporting Safety Violations In The Workplace
We’ve all been there — we’ve all witnessed a co-worker doing something that violates the company’s rules. We resist any thought of reporting the violation because we value our relationship with our co-worker, because it’s just “not that big of a deal,” because we’ve been taught to mind our own business, or because we do not […]
Is My Union Contract Irrelevant on Illinois Prevailing Wage Jobs?
In recent months I have been inundated with calls from union contractors complaining that the Illinois Department of Labor (“IDOL”) will not recognize a local collective bargaining agreement (“CBA”) when it comes to compliance with the Illinois Prevailing Wage Act. Specifically, several union contractors of all shapes, sizes and backgrounds have voiced concern and dismay over […]
The Importance of Employee Discipline – Reducing Injuries and Avoiding OSHA Citations
The recent appointment of David Michaels as the new head of OSHA signals an aggressive OSHA with an active enforcement agenda. For employers, this means more inspections and more citations. But it also means that a greater portion of citations issued will be of higher gravity: more Willful citations, more Repeat citations, and more citations issued under OSHA’s […]
Employer Job Hazard Assessments Under Attack: Best Practices For Conducting A Compliant Hazard Assessment
As employers expand and diversify their operations across a number of worksites, there can emerge a disconnect between the corporate headquarters and each individual location throughout the country. Sometimes, this disconnect manifests itself as a mindset in the employer’s health and safety programs such that a “one size fits all” solution to a workplace hazard […]
OSHA Compliance – Creating Legal Privileges for Company Investigations and Audits
With the recent appointment of David Michaels as the new head of OSHA, the Obama Administration has affirmed its commitment to workplace safety, with an increased focus on industrial hygiene. Dr. Michaels’ appointment signals a more aggressive OSHA, with an active enforcement agenda as part of a “bold campaign to change the workplace culture of safety.” As […]
OSHA’s Controlling Employer Citation Policy
On February 26, 2009, in Hilda Solis v. Summit Contractors, Inc., No. 07-2191 (8th Cir. 2009), the court vacated an Order by the Occupational Safety and Health Review Commission (OSHRC), which held that the Secretary of Labor’s multi-employer worksite policy for “controlling employers” violated agency policy. The ruling provides additional legal support for issuing citations to […]
The Employer’s Guide to the Legal and Workplace Implications of a Swine Flu Outbreak
By now, most people are familiar with the “Swine Influenza”, or “Swine Flu” virus (the “virus” or “disease”) that has been reported in Mexico and most recently in the United States and Europe. Given high density areas such as mass transportation systems, schools, hospitals and the workplace, the potential is great for this widely circulating virus […]
Supervisor Duty to Enforce OSHA Citations
The enclosed article discusses a critical aspect of every employer’s OSHA compliance program, the duty of the supervisor to enforce compliance. The article discusses the scope of the liability issues, challenges to be addressed and provides several recommendations. Read full article here.
