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 .
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.
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 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."
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 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 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.
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.
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.
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.
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."
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.
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.
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.
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 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 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.
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.
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.
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 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.
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.
OSHA'S Continued Dalliance with An Ergonomic Program Standard
Rudman & Winchell
OSHA remains committed to imposing new and additional regulations on employers.
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.
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.
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.
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 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.