LexisNexis® Legal Newsroom
Missouri: Court Tightens Burden of Missouri Employer to Invoke Safety Penalty

Claimant carried a 100-pound roll of composite on to a roof, he hurt his back and became totally disabled. The Western District court of appeals reversed the 50% safety penalty on his benefits applied by the administrative law judge and the Commission and remanded the case for further findings. Carver...

How to Achieve a Desirable Experience Modification Factor Under NCCI’s New System

By John Stahl, Esq. A recent Risk & Insurance webinar entitled “Big Changes Coming in Workers’ Compensation Premiums” stresses that actively reducing your “Experience Modification Factor” (“mod”) today should reap disproportionately high reductions in workers’...

Mandatory Workplace Postings in Ontario

I doubt there is anything more dry than reading a blog post about mandatory workplace government posters, but it's a mandatory requirement that comes with fines and cranky inspectors if you don't comply with the requirements. And I will try to make this a short post to minimize the pain. New...

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Texas Border Safe; Perry's Call for More Troopers, Guardsmen Debunked

"McAllen Police Chief Victor Rodriguez testified that an increase in crime has not accompanied the wave of Central American immigrants. "As far as I can tell, our community has not been impacted in any way from a criminal activity standpoint," Rodriguez said. Which begs the question: If...

EPA is Considering Amendments to its Chemical Risk Management Program (RMP) Rule that Would Impose Burdensome Additional Requirements on both Covered Facilities and Facilities Not Currently Covered by the RMP Rule

On August 1, 2013, reacting to a number of high-profile incidents and the constant drumbeat from the Chemical Safety Board, President Obama signed Executive Order 13650, entitled Improving Chemical Facility Safety and Security, [ enhanced version available to lexis.com subscribers ]. Among other things...

Just Because Your Construction Employee Was Supposed to Work Safely. . .

Here at Construction Law Musings, I’ve discussed the need to keep up with your safety program and stay out of the cross-hairs of the state and federal safety inspectors. The Virginia Court of Appeals gave a stark reminder of this fact in the case of Atlantic Environmental Construction Co. v...

Food Safety Audit Firms May be Held Liable for Consumer Injuries Resulting from Negligent Inspections

A food safety audit firm can be held to answer in court for claims that its negligence in performing an audit led to the sale of contaminated food and the subsequent injury, or death, of a consumer of that food. If ultimately found liable, the food safety audit firm would be required to pay damages to...

Contaminated Cheese and Chicken

One person dies from listeria linked to soft cheeses. Two people have been hospitalized and one has died in an ongoing listeria outbreak purportedly linked to Hispanic-style soft cheeses. The three cases were all reported in Washington state. The cheeses allegedly involved, made by Yakima, Washington...

Navigating FDA and USDA Reporting/Notification Requirements for Adulterated and Misbranded Food

When incidents of adulterated or misbranded food arise that trigger a need to report to or notify a federal agency, food companies face a number of somewhat confusing, and not always congruent, requirements. Both the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture, Food...

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

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. For a Schedule I drug with no currently accepted medical use (at least according to the United...

Regulation of Chemicals in Consumer Products on the Rise

In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products. While the regulation of hazardous and toxic chemicals in consumer products is certainly not a new concept, particularly on the federal level, the proliferation of state regulation creates...

FDA Announces Plan to Streamline Animal Food Regulation

On March 27, 2015, FDA announced a strategy to establish ingredient definitions and standards for animal food. The goal of FDA’s strategy is to promote consistency in the Agency’s regulatory review and clearance of animal food ingredients. Currently, ingredients used in animal feed and...

Safer Chemicals: Protecting Employees and the Earth at the Same Time

By Andi S. Kenney Chemicals, natural and synthetic, are all around us. We can’t live life without them--and we wouldn’t want to. But some chemicals are toxic to humans and the flora and fauna with which we share the earth. Replacing toxic substances found in the workplace, distributed...

TSCA Reform 2015: A Tale of Two Bills

On March 10, 2015, Senators Tom Udall (D-NM), David Vitter (R-LA), and a coalition of 15 additional Democratic and Republican Senators, introduced the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), [ enhanced version available to lexis.com subscribers ], a bipartisan...

China Passes Sweeping Amendment to Food Safety Law: The Most Stringent To Date

On April 25, 2015, after two rounds of comment solicitation and revision in 2013 and 2014, the Standing Committee of the National People's Congress of China passed the amended Food Safety Law (“Law”).[1] The Law, which will enter into force on October 1, 2015, is considered the most stringent...

Senate Committee Passes Amended TSCA Reform Bill, S. 697

On April 28, 2015, the Senate Environment and Public Works Committee passed an amended version of the bipartisan bill S. 697, [subscribers can access an enhanced version of this bill: lexis.com | Lexis Advance ], the “Frank R. Lautenberg Chemical Safety for the 21 st Act.” The amended bill...

EPA Denies Request to Ban Trisclosan

EPA has denied the January 14, 2010 petition submitted by the Food & Water Watch and Beyond Pesticides to ban the antimicrobial pesticide triclosan. The petition requested that EPA take the following regulatory actions: • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and...

FDA Announces Final Determination that Partially Hydrogenated Oils are Not GRAS

On June 16, 2015, FDA announced its final determination that there is no longer a consensus among qualified experts that partially hydrogenated oils (PHOs) are “generally recognized as safe” (GRAS) for any use in human food.[1] In effect, PHOs will now be regulated as food additives, which...

Remote Work Policy: The Pro’s and Con’s

By Ryan Benharris, Esq. The American dream of a 40-hour work week long ago abandoned the notion that work has to be a fixated place of employment. The ever-changing face of the workforce in the U.S. sees millions of people working from home or some remote location. Though the benefits to working remotely...

safety first

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 Adversaries and Frenemies of Workers’ Compensation

Coming down on the side of a system that endures “You have enemies? Good, that means you stood up for something.” – Eminem By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. When it comes to workers’ compensation, some folks are just gonna hate. And others, well...