OSHA Issues Proposed Ergonomics Plan--Don't Panic Yet
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On November 23, 1999, the Occupational Safety and Health Administration issued a proposed rule intended to address .
Laws Protect Workers From Illegal Discharge
David R. Sweat of Kay A. Giese, P.A.
Georgia law allows an employer to fire an employee for a good reason, bad reason, or no reason at allÃÂunless the .
Failure to Follow Lockout Procedures Triggers Ohio Workplace Civil Liability
Douglas B. M. Ehlke of Ehlke Law Offices
To prove an intentional workplace tort for civil employer liability in Ohio, a worker must show that the employer 1) had knowledge of a workplace hazardous task or process, 2) had knowledge that if a worker carried out the hazardous task, that injury to the worker would be a "substantial certainty" and 3) despite having this knowledge, the employer still "required" the worker to perform the dangerous task.
Response Costs Must Be Necessary To Be Recovered
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In the case of Southfund PartnersIII v. Sears, Roebuck and Co., 57F. Supp. 2d 1369 (N. D. Ga. 1999), plaintiff wa.
OSHA Announces Ergonomics Plan
Michael A. Zody of Parsons Behle & Latimer
After having the Clinton administration's ergonomics regulations repealed by Congress last spring, the Bush administration went into a planning phase for over a year and recently announced its intentions. Instead of the mandatory ergonomics rules advanced under the Clinton administration, OSHA is going to develop industry-specific "guidelines" that will be enforced under the general duty clause.
OSHA in the New Millennium
Douglas B. M. Ehlke of Ehlke Law Offices
OSHA will focus on ergonomics, willful-accident investigations, lockout-tagout, fall protection, chemicals and targeted inspections as we start the new millennium. With one of three Review Commission (OSHA court) members resigning and a second member on a one-year recess appointment term, President Bush is expected to select a new majority on the Commission. Issues of interpretation continue to occupy more case-law rulings. Recent cases reflect these trends.
The Power of Associations in Court
Douglas B. M. Ehlke of Ehlke Law Offices
A recent case in the 5th Circuit U.S. Court of Appeals revealed that appellate courts are interested in granting intervention to associations in OSHA cases and learning about industry practice and the impact of new interpretations upon safety practices. The case is Trinity Marine Nashville Inc. v. OSHRC and Secy. Of Labor (No. 00-60673, decided December 5, 2001).
OSHA's New Recordkeeping Requirements: Where Does Utah Stand?
Michael A. Zody of Parsons Behle & Latimer
As most employers know, the Occupational Safety and Health Administration ("OSHA") passed new recordkeeping requirements that became effective January 1, 2002. Despite being three times longer than the old regulations, the new regulations are being touted by OSHA as simpler and clearer.
Workplace Exposure to Blood and Other Potentially Infectious Fluids
Bodman LLP
Members have asked what type of training they should provide employees concerning bloodborne diseases, such as Hepa.
Work at Home: OSHA?s About-Face on Home Offices
Charles F. Knapp of Faegre & Benson LLP
This article summarizes OSHA's Directive that an employer is not responsible for the maintenance of home-based work-sites. However, this article recommends that employers are aware that the OSHA's Directive does not absolve an employer from all liabilities involving home-based workers.
Employers who use chemicals may soon maintain electronic MSDS
Day Pitney LLP
This update summarizes the House of Representatives’ recently approved bill that states employers may soon be allowed to maintain material safety data sheets (MSDS) in electronic format.
New Clauses in OSHA Settlement Agreements Following Major Accidents
Douglas B. M. Ehlke of Ehlke Law Offices
OSHA is seeking several new clauses from employers settling industrial accident citations. Here are some of the latest: 1) Comprehensive Safety and Health Program?OSHA administrators indicate they seek this clause as a management commitment to address all potential hazards in the workplace. This demand frequently encompasses, in OSHA's mind, a commitment by management to educate workers to recognize all hazards in their respective work areas.
New, Revised and Proposed OSHA Standards
Karen J. VanderWerff of Warner Norcross & Judd LLP
This articles gives and overview of the new, revised and proposed OSHA standards as of April 1999.
Federal OSHA Issues Expansive Proposed Ergonomics Standard; PHJ&W Forming Coalition for Responsible Ergonomics Standards California Court Upholds CalOSHA's Standard; Washington State Issues Own Pr
John C Oakes of Paul, Hastings, Janofsky & Walker LLP
On November 22, 1999, the U.S. Occupational Safety and Health Administration issued a far-reaching Proposed Ergonom.
New Federal Needlestick Safety Act
Buchanan Ingersoll & Rooney PC
On November 6, 2000, President Clinton signed into law a federal needlestick safety bill aimed at reducing the ris.
Toxic Mold: a Real, "Growing" Concern
Edward B. Ned Witte and Tanya C. O'Neill of Foley & Lardner LLP
Move aside asbestos, radon and lead paintÃÂas mundane a substance as it may seem, the environmental hazard du jour is mold. Nationwide reports document the substantial concern that mold has attracted from environmental and health agencies, courts, insurance companies, employers and employees, multi-family property owners and, predictably, personal injury lawyers. Even Erin Brockovich (the real one, not Julia Roberts) has sued her builder for mold that developed in her home.
OSHA Releases Proposed Ergonomic Standards
Paula A. Barran of Barran Liebman LLP
Ending the agency's decade long quest to regulate the incidence of musculoskeletal disorders (MSDs) in the .
Proposed OSHA Rule Could Force Redesign of 4.5 Million Jobs
Jonathan Siebers of Warner Norcross & Judd LLP
This article reviews the proposed OSHA rule which could effect 4.5 million jobs in the United States.
OSHA Seeks to Step Up Enforcement of Criminal Penalties and High-Gravity Citations
Thomas M. Metzger and Steve Biddle of Littler Mendelson, P.C.
OSHA increases its enforcements efforts by pursuing potential criminal prosecutions against corporate officers for high gravity citations especially when fatalities occur in the workplace.
What is "Training"?
Douglas B. M. Ehlke of Ehlke Law Offices
Companies everywhere these days are being cited by OSHA and sued in product liability or related civil lawsuits for not "training" their employees in the potential hazards and precautions to take in their jobs. Similarly, the overwhelming number of product liability suits contain a failure to warn or instruct users properly about safe operating procedures or potential product condition hazards.
OSHA Issues Working Draft of Proposed Ergonomics Program Standard
Rudman & Winchell
On March 4, 1999, OSHA issued what it calls a "Working Draft of a Proposed Ergonomics Program Standard".
Who Pays for Safety Shoes?
Douglas B. M. Ehlke of Ehlke Law Offices
OSHA standard 1910.136 for occupational foot protection requires as follows: "General requirements.
The employer shall ensure that each affected employee uses protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, piercing the sole and where such employee's feet are exposed to electrical hazards."
Just When You Thought It Was SafeÂ
OSHA's New Ergonomics Standard Creates Serious Liability Risks
Powell, Trachtman, Logan, Carrle & Lombardo P.C.
Ergonomics, sometimes referred to as "human engineering," is the science of fitting people to their jobs safely and.
When OSHA Inspectors Give Compliance-Method Advice: Listen and Document
Douglas B. M. Ehlke of Ehlke Law Offices
Can employers rely upon compliance-method affirmative advice received from OSHA inspectors and OSHA consultation staff officials? Yes, as a number of recent cases and agency developments have shown.
OSHA Reminder
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
OSHA regulations require that each employer maintain a log and summary of all recordable occupational injuries and .
OSHA Provides Exclusive Remedy for Wrongful Discharge
Paul, Hastings, Janofsky & Walker LLP
Burnham, the office manager of the defendants'' dental office, filed an anonymous complaint with the Connecticut State Dental Association alleging that the defendants engaged in unsanitary practices in violation of OSHA.
OSHA Inspections -- Answers to Frequently Asked Questions
Duff, White & Turner, LLC
In the past few months, the Occupational Safety and Health Administration has amended several of its standards, inc.
Employers in Carolinas must Follow State, Rather than Federal OSHA Noise Exposure Standard
Duff, White & Turner, LLC
The Occupational Safety and Health Act permits states to administer their own workplace safety and health programs.
Federal OSHA's Broad Draft Ergonomics Standard Advances
Paul, Hastings, Janofsky & Walker LLP
On July 2, 1999, the U.S. Occupational Safety and Health Administration forwarded a broad ergonomics proposal to the Office of Management and Budget for review, with plans to publish it in the Federal Register by the end of the year.
OSHA Client Alert
Pepper Hamilton LLP
This alert reviews OSHA's proposal to regulate ergonomic injuries in the workplace. If the proposed rules are promulgated, OSHA will regulate musculoskeletal disorders.
OSHA'S Continued Dalliance with An Ergonomic Program Standard
Rudman & Winchell
OSHA remains committed to imposing new and additional regulations on employers.
OSHA Won't Routinely Request Employer's Voluntary Self-Audits Of Workplace Safety and Health
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On October 6, 1999, the Occupational Safety and Health Administration announced that it will not routinely request .
Federal OSHA Issues Broad Draft Ergonomics Standard
Gregory R. Watchman of Paul, Hastings, Janofsky & Walker LLP
This Client Alert provides an overview of the broad draft Ergonomics Standards issued by OSHA on February 19, 1999.
OSHA Issues New Whistleblower Regulations: Defending a Sarbanes-Oxley Whistleblower Charge
Kevin S. Mullen of Thompson, Coe, Cousins & Irons, LLP
Should your publicly traded company be accused of violating the anti-retaliation provisions of the Criminal Fraud Accountability Act of 2002, also known as the Sarbanes-Oxley Act, the Occupational Safety and Health Administration ("OSHA"), whose mission is "to save lives, prevent injuries and protect the health of America's workers," will conduct the investigation, not the Securities and Exchange Commission ("SEC"), as you might expect.
Occupational Safety and Health Administration New Notification Requirements for Owners of Buildings Containing Asbestos
Pillsbury Winthrop Shaw Pittman LLP
June 1996 The federal Occupational Safety and Health Administration (OSHA) has published a new rule governing occu.
OSHA Targets for 2005
Douglas B. M. Ehlke of Ehlke Law Offices
Although it seems OSHA has been in hibernation from inspecting manufacturing employers, the agency has turned its attention toward construction-industry inspections, targeted employers with high workers' compensation injury rates and expanded its legal authority.
OSHA Help for New Businesses
United States Department of Labor-Office of the Solicitor
This Occupational Safely and Health guidebook is an overview of the issues small businesses must address regarding the safety of their employees.
California's Controversial Ergonomics Regulation Is Upheld
Jeffrey M. Tanenbaum and Karen A. Sundermier of Littler Mendelson, P.C.
This article reviews Pulaski v. California Occupational Safety & Health Standards Board which upheld the controversial ergonomics regulation and the decision's impact on California employers.
Powered Industrial Truck Operator Training
Edwin G. Foulke,Roger S. Kaplan,David S. Allen and Tom Riley of Jackson Lewis LLP
This article summarizes OSHA's recently revised standard for for powered industrial trucks including who is covered by the regulation, the scope and training requirements for those who operate the above vehicle.
OSHA Regulations for Incidental Exposure to Blood-Borne Pathogens
Smith, Currie & Hancock LLP
Most employers are aware that the Occupational Safety and Health Administration (OSHA) has promulgated regulations .
Employee Misconduct Defense
Douglas B. M. Ehlke of Ehlke Law Offices
Employers raise employee misconduct as often as any defense to OSHA citations. If proven to exist by the employer, this defense eliminates the citation and penalty related to employee misconduct.
Telecommuting: Here Today ÃÂ
But Gone Tomorrow?
Anna Elento-Sneed of Carlsmith Ball LLP
On January 4, 2000, the Washington Post reported that the U.S. Occupational Safety and Health Administration (OSHA).
OSHA Issues Sweeping Ergonomics Proposal
Peter A. Susser,Jeffrey M. Tanenbaum and Cheryl A Grede of Littler Mendelson, P.C.
This article summarizes the U.S. Department of Labor's (OSHA) proposed rule to establish a general industry standard on workplace ergonomics programs.
What You Need To Know about Exploding Tires
John M. Green, Jr. P.A.
TREAD SEPARATIONS: Passenger and light truck tire tread separations are an unfortunate by-product of steel-belte.
OSHA Warns of Latex Hazards
Law Office of Jon L. Gelman
Despite the fact that Federal agencies have not yet been able to reach a consensus on the regulation of latex glov.
OSHA Issues Final Ergonomics Standard
Buchanan Ingersoll & Rooney PC
(For the full, 30-page article explaining in more detail the ergonomics standard's requirements, please contact the.
Safety-Policy and Training Deficiencies
Douglas B. M. Ehlke of Ehlke Law Offices
Proper safety policies and implemented training remain cornerstones to an effective safety program. When deficiencies crop up, OSHA and plaintiff 's lawyers have a pipeline to serious citations or intentional tort civil claims.
OSHA Kicks Out Employers during Interviews
Caroline M. Carey of Barran Liebman LLP
OSHA Kicks Out Employers during InterviewsThe Oregon Occupational Safety and Health Administration (OSHA) can .
Federal Government Debates Latex Regulations
Law Office of Jon L. Gelman
Federal agencies have not yet been able to reach a consensus regulation of latex gloves, exposure to which has resu.
Motor Carrier Employee Whistle Blower Protection
U.S. Department of Transportation
Publication from the Department of Transportation which discusses motor carrier employee whistle blower protection under 49 U.S.C. 31105 and 29 CFR 1978.
OSHA Proposes Ergonomics Program Standards
Bodman LLP
In February 1999, OSHA announced plans to adopt an Ergonomic Program Standard (EPS) that will affect many businesse.
Willful Blindness
Douglas B. M. Ehlke of Ehlke Law Offices
The Washington ,D.C., Federal Circuit Court of Appeals came down hard on a corn- refining company that reportedly ignored serious dust and electrical explosion hazards and noncompliance written reports. The OSHA Review Commission's determination of 89 willful citations were upheld on appeal against A.E. Staley Mfg. Co. on July 23, 2002.
OSHA Penalty Pitfalls
Douglas B. M. Ehlke of Ehlke Law Offices
Kaspar Wire Works, Inc. was cited by OSHA for more than 400 alleged willful and serious violations, mostly OSHA 200 recordkeeping violations of various standards with some $41 million in proposed penalties. OSHA used its disputed authority to make each recordkeeping failure to record injuries on the OSHA 200 log as a separate citation item. It based the per-instance separate penalties assessment on a claim that Kaspar's violations were "egregious and willful."
California's AB 1127:The "Be an Employer, Pay a Massive Penalty" Act
Jeffrey M. Tanenbaum of Littler Mendelson, P.C.
This article summarizes the amendments to the California Occupational Safety and Health Act and highlights how the amendments will affect California employers.
OSHA and Ergonomics: Sympathy Over Science and Sense
Bradley W. Fitzgerald of Woods Rogers PLC
The Occupational Safety and Health Administration (OSHA) has received the go-ahead from Congress to continue effor.
OSHA Revises Bloodborne Pathogens Compliance Directive
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On November 5, 1999, OSHA issued a new directive to address exposure to bloodborne pathogens. The directive guides .
OSHA's New Respiratory Protection Standard
Bodman LLP
OSHA passed a new rule which clarifies, updates and strengthens OSHA's previous respiratory protection standard whi.
Shift Work Is Dangerous to Your Health
Law Office of Jon L. Gelman
Ways of administering or coping with shiftwork are suggested in a new publication from the National Institute for Occupational Safety and Health (NIOSH) to decrease the health and safety problems associated with working evening, night, or rotating hours.
Labor and Employment Audit Can Save Your Business in the Long Run
Bruce J. Douglas of Larkin Hoffman Daly & Lindgren Ltd.
Have you had a check-up lately? No, not a personal physical check-up, but a comprehensive review or "audit" of your company's personnel policies and practices? Most businesses can expect to be visited by a government agency at some time during their existence, and the result of that type of audit can result in substantial fines or penalties or possibly costly litigation.
Economics Of Ergonomics
Sean D. Reyes of Parsons Behle & Latimer
On November 14, 2000, OSHA published its final ergonomics program standard. As defined by OSHA, ergonomics is the science of fitting the jobs to the people who work in them. OSHA's goal in requiring a workplace ergonomics program is to reduce work-related musculoskeletal disorders (MSDs), such as carpal tunnel syndrome.
Increased Liability To Third Parties From Cal-OSHA Violations
William Terheyden and Tara G. Bedeau of Littler Mendelson, P.C.
California Supreme Court holds Cal-OSHA regulations may be used to establish standards and duties of care in negligence actions against companies by third parties.
Federal OSHA's Broad Draft Ergonomics Standard Advances Client Alert: September 1999
Gregory R. Watchman of Paul, Hastings, Janofsky & Walker LLP
This Client Alert follows further developments related to the broad draft Ergonomics Standard published by OSHA.
OSHA's New Fatality Investigation Partner: EPA?
Douglas B. M. Ehlke of Ehlke Law Offices
OSHA has just announced what it calls "significant changes" to workplace fatality investigations. The directive states that "the Agency places a very high priority on fatality catastrophe investigations, a high degree of sensitivity and in-vestigative accuracy." Catastrophe is a work-related event that sends at least three employees to the hospital.
OSHA Update: Industry Specific Guidelines and Four-Pronged Approach for Ergonomics, Evacuations
Michael A. Zody of Parsons Behle & Latimer
Guidelines:ÃÂ Making slow but steady progress, this past fall OSHA published its first set of industry-specific guidelines on ergonomics.ÃÂ Focusing on the nursing home industry, the first set of guidelines consists of three components:ÃÂ management practices, work-site analysis and control methods.
Will the new ergonomics standard effect your business?
Leon C. Harmon and John Davidson of Nexsen Pruet
This article summarizes OSHA's proposed regulations governing ergonomics standards for workplaces having manufacturing operations, manual handling operations and jobs where there is a way to record musculoskeletal disorders.
OSHA Multi-Employer Citation Policy
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
The Occupational Safety and Health Administration ("OSHA") has issued a Directive clarifying its multi-employer .
Ergonomics Standards
Gregory R. Watchman and John C Oakes of Paul, Hastings, Janofsky & Walker LLP
This Client Alert provides an overview of the far-reaching Proposed Ergonomics Standard issued by OSHA on November 22, 1999.
OSHA Alert: Utah Shifts to Federally Mandated Eight Hour Reporting Requirement
Parsons Behle & Latimer
In Utah, the federal OSHA regulations are implemented through the Utah Occupational Safety and Health branch ("UOSH"). UOSH recently announced that it is moving from 12-hour to 8-hour oral reporting for deaths or serious injuries.