Weed and Weapons: Workplace Challenges Based on New Laws
Every state now has some sort of legislation regarding the carrying of concealed weapons. A number of states and other political entities have adopted legislation to permit the use of medicinal marijuana. Each one of these matters creates the potential for safety hazards as well as violation of employee rights and possible employment discrimination. This […]
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 […]
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 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 […]
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 […]
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. […]
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 […]
Employee Drug & Alcohol Abuse Policy and Test Program (SAMPLE)
See Employee Drug and Alcohol Abuse Policy and Test Program here.