LexisNexis® Legal Newsroom
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...

Workplace Violence: Employer Strategies for Prevention of Violence and Preparing for OSHA Inspections

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. Despite strides made in recent years in reducing the overall number of work-related deaths, the nation...

Is Your Company Complying with the New OSHA Reporting Requirements?

Employers under federal OSHA’s jurisdiction are now required to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, and losses of an eye within 24 hours of finding about the incident. Companies can call the nearest area office during normal business...

Temp Nation: Standing Up for the Walking Dead

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. Temporary workers are having a decidedly permanent impact on the nation’s workforce...

Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

by Nicole Cheuk As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the industries that are exempt (and not exempt) from...

OSHA and Pro Sports—Are Concussions the NFL’s Black Lung?

San Francisco linebacker Chris Borland rocked the sports world yesterday by announcing his retirement from pro football at the age of 24 after playing only one NFL season. His reason: concerns about the long-term impact of football-related head trauma. The news comes even as the NFL has implemented...

Seasonal Patterns in Occupational Risk

Exploring the impact of reporting error on year-end injury declines 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. Workers who struggle...

OSHA Chimes in on Transgender Bathrooms

OSHA is no stranger to regulating workplace bathrooms . Now, Employment Law 360 [sub. req.] reports that OSHA and the National Center for Transgender Equality “have entered into a partnership to develop and distribute information to ensure transgender employees have safe and adequate access to...

Manufacturers and Temporary Workers

by A. Keith "Kip" McAlister, Jr. On April 29, 2013, the U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) announced its temporary worker initiative. OSHA contends that temporary workers encounter an increased risk of work-related injuries. As a result,...

From Caitlyn Jenner to New OSHA Guidance on Restroom Access for Transgender Workers

Caitlyn Jenner got the cover of Vanity Fair and a million new Twitter followers shortly after confirming that she was no longer Bruce Jenner. So, by riding that wave with a timely blog post, I should at least get page 5 — above the fold — in the latest edition of “ Employment-Law Blog...

The Impact of OSHA Developments on Workers’ Comp: Ch-ch-changes (Turn and Face the Shame)

Warning Employers About a New Enforcement Paradigm By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter Something’s afoot at the Occupational Safety & Health Administration, and it’s the kind of sea change that should have...

Occupational Safety Research: The Potentials and Hurdles of Using Workers’ Comp Data

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Last December at the National Institute for Occupational Safety and Health (NIOSH) Workers’ Compensation Leaders Research Colloquium in Washington, D.C., many key leaders and stakeholders in...

The Time for Your Safety Audit Is Now

According to data released last week by the Bureau of Labor Statistics , the number of workers killed on the job as a result of slips, trips, and falls rose in 2014 by nearly ten percent. Here are some the key findings: • The number of fatal work injuries in private goods-producing industries...

John Oliver on OSHA (and a Not-So-Subtle Shout-Out to My Firm’s New OSHA Blog)

On this week’s Last Week Tonight , John Oliver gives OSHA a pass on its slack investigations of North Dakota oil field accidents . He blames OSHA’s inactivity on its lack of resources coupled with the oil companies’ use of subcontracted employees. (Please visit the site to view this...

OSHA Encourages Nationwide Adoption of “Early Resolution” ADR in Whistleblower Cases

On August 18, 2015, the Occupational Safety and Health Administration released a directive to its regional offices to adopt “early resolution” alternative dispute resolution in whistleblower cases. The directive follows a successful pilot program by OSHA in its Chicago and San Francisco regions...

OSHA’s Penalties Are on the Rise

Today’s post (or most of it, anyway) originally appeared on Meyers Roman’s Ohio OSHA Law Blog , but it’s worth reprinting for my readers. Have you subscribed to our new OSHA blog? If not, what are you waiting for? Subscribe by email here , or by RSS here . Earlier this...

Tragedy in Paris Reminds Us that Workplace Violence Is a Serious Risk

As the 2015 National Workers’ Compensation and Disability Conference concluded in Las Vegas last week, there were workers in restaurants and the concert venue in Paris experiencing real time workplace violence scenarios just like those discussed at the conference. Joining tragedies such as Virginia...

Oklahoma: Intentional Tort Case May Continue Under “Substantially Certain” Rule

The Supreme Court of Oklahoma held that there were material issues of fact as to whether the decedent’s employer knew that injury or death was substantially certain to result from the task decedent and his coworkers were directed to complete and the conditions in which they were required to work...

Trends to Watch in Workers’ Compensation Law

At the National Workers’ Compensation & Disability Conference last November, Brad Bleakney, a partner with Bleakney & Troiani, and Lora Northen, a Shareholder with Capehart Scatchard, led a seminar on recent trends in workers’ compensation. The following is a Q&A with Brad and...