OSHA Announces That It Has Revised Its Compliance Assistance Materials

On October 17, 2011, the U.S. Occupational Safety and Health Administration (OSHA) announced that it had recently published new and revised information that explains workers' and employers' rights, as well as how to protect employees from hazards in the construction, general and maritime ...

OSHA Releases New Whistleblower Investigations Manual

by Denise M. Keyser and Farrah I. Gold As many employers know, "whistleblower" retaliation claims have proliferated in recent years, under the many federal and state laws which recognize and protect whistleblowing activities. The Occupational Safety and Health Administration (OSHA),...

William A. Ruskin On Tort Litigation And OSHA

By William A. Ruskin OSHA standards can significantly affect litigants in work-related tort litigation. Plaintiffs generally attempt (with mixed success) to use evidence of OSHA regulations to establish the duty owed by the defendants in those cases. Courts around the country differ considerably...

The OSHA Regulatory Burden: New Study Debunks Job Killer, Anti-Competitive Theories

It is a truth universally acknowledged that OSHA workplace regulations are unduly burdensome, negatively impacting an employer’s competitiveness and destroying jobs for workers . The U.S. Occupational Safety and Health Administration is one of the most controversial regulatory agencies in...

The OSHA Regulatory Burden: New Study Debunks Job Killer, Anti-Competitive Theories

It is a truth universally acknowledged that OSHA workplace regulations are unduly burdensome, negatively impacting an employer’s competitiveness and destroying jobs for workers . The U.S. Occupational Safety and Health Administration is one of the most controversial regulatory agencies in our...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (7/2/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL: IAIABC Drafts Model Legislation on Opioid Use . US DOL Posts Statement on OSHA Voluntary Protection Program...

Can You Be Fired If You Are Sick After Your Vacation? Probably

I returned from a lovely three week trip to Italy with the souvenir that keeps on giving: pneumonia. It started out with sniffles. By Monday afternoon, I had a fever. Tuesday, I was coughing. On the Fourth, instead of enjoying barbecue and fireworks, I ended up at the urgent care. He counted back the...

The long hot summer: some reminders for employers

Global warming or not, this summer is setting records for high temperatures across the country. Employees who work outside are affected as well as those who work in warehouse and factory settings where air condition may be non existent or inadequate in the this year's heat. Employers need to remember...

Jenner & Block: New EPCRA Tier I and Tier II Updates

By E. Lynn Grayson, Partner, Jenner & Block EPA has proposed changes to EPCRA Section 312 Tier I and Tier II Emergency and Hazardous Chemical Inventory Forms required under 40 CFR Part 370. The new rules become effective January 1, 2014. The reporting requirements under the community right...

My Office Air Conditioning Broke In A Heat Wave. What Are My Rights?

The agency that regulates workplace safety is OSHA. If your workplace temperature has reached dangerous levels, OSHA might be able to help. In general, though, there's no law saying how hot is too hot. OSHA's general recommendation is that temperatures at work be kept between 68-76° F with...

Do you know what to do when violence invades your workplace?

Tragically, mass shootings seem to be all the rage in America. The latest occurred last Friday morning outside New York City's Empire State Building. The shooter was a disgruntled ex-employee targeting his former coworkers . Do you have a plan in your workplace for a shooting or other emergency...

President Obama Details Possible Cuts to Federal Spending under Budget Control Act of 2011

On September 14, 2012, the President's Office of Management and Budget released a report on what the estimated impact of sequestration pursuant to Sequestration Transparency Act, as mandated by the Budget Control Act of 2011, would be on January 2, 2013, should the Congress not agree upon a budget...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (12/3/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: WCRI Executive Director Explains How to Keep Lawyers Out of Workers’ Comp Cases . Aon Report...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/4/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: NCCI Posts Updated Report on Frequency, Severity of Claims Countrywide . Crack Down on Drug Diversion...

The NFL and OSHA

The obligation of an employer to provide its employees with a safe workplace free from recognized hazards is well established. In the absence of specific standards for an industry, an employer is required under OSHA's general duty clause to provide its employees with a workplace free from recognized...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (4/22/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Unclear if Boston Marathon Bombings an Act of Terrorism Covered by TRIA . Insurance Expert Says Boston...

Fertilizer Plant Explosion Reveals Regulatory Flaws

A week after the explosion at the West Chemical and Fertilizer Company plant in West, Texas killed at least 15 people and destroyed homes and buildings - including a nursing home and a middle school - within a five-block radius, authorities still didn't know exactly what caused the blast. What...

I Walked Out Into West, Texas

By Stephen C. Embry, Esq. On April 17, 2013 an explosion at the West Chemical and Fertilizer Co., registering 2.1 on the Richter scale, leveled the plant and much of the surrounding town of West, Texas. The explosion was so powerful and destructive that it created a cloud of confusion as well as a...

Larson’s Spotlight on Recent Cases: Intentional Tort for Grain Bin Death Barred by Exclusive Remedy

Larson's Spotlight on Exclusive Remedy, Mental Injury, Traveling Employee, and Undocumented Worker. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

When You Gotta Go, You Gotta Go: The Right to Workplace Bathroom Breaks

Do you know that OSHA protects the right of employees to go to the bathroom? OSHA’s sanitation standard states: Toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment. The OSHA standard tells you everything you would ever want to know about...

Steptoe & Johnson PLLC: OSHA: Coming to a Drilling Site Near You

By Lindsay M. Bouffard and David E. Dick In an effort to reduce fatalities in the oil and gas industry, OSHA (Occupational Safety and Health Administration) created an Oil and Gas Regional Emphasis Program . This program, implemented in 2012, applies to all worksites in Texas, among other states....

Workers Memorial Day: Honoring the Dead as We Fight for the Living

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. 25 Years of Speeches and Bells The key talking points for journalists and speechwriters...

Thoughts on Safely Implementing Safety Incentive Programs

by James W. Heslep In the past decade, it has become increasingly common to see employers devise new and innovative ways to reinforce the importance of safe workplaces to their employees. In an effort to achieve greater workplace safety, employers have frequently looked to implementing safety incentive...

New Study Points to Significant Underreporting of Injuries to Bureau of Labor Statistics

90 percent of employers do not comply with OSHA recordkeeping regulations, resulting in underreporting by 38 percent of the surveyed employers Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on...

Exempt or Non-Exempt? That Is the Question. New Recordkeeping and Reporting Under OSHA

The Occupational Safety and Health Administration (OSHA) has announced a final rule which revises not only the list of employers which are partially exempt from OSHA record-keeping requirements, but also the types of events and circumstances giving rise to the requirement to report. The damage: close...