Insight & Commentary on Occupational Safety & Health Issues
Since March 2020, workers have expressed elevated concerns about their exposure to COVID-19 on construction sites. As states lift restrictions on construction work, employers should note that the Occupational Safety and Health Administration (OSHA) limits workers’ ability to refuse work.
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Property owners wishing to prohibit concealed firearms from being carried on their property must post officially approved signage conspicuously at the entrance of their building, premises or real property, according to a regulation published by the Illinois State Police. Owners of parcels where concealed carry is prohibited by the Illinois Firearms Concealed Carry Act also…
Their regular duties put on hold by the government shutdown, the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA) are operating under contingency plans to guard against imminent safety and health threats, while legal challenges to these agencies’ enforcement proceedings have largely been suspended.
MSHA’s plan to weather the…
An employer may not be held liable for a violation of the Occupational Safety and Health Act (“OSHA”) based solely on a supervisor’s knowledge of his own misconduct, the U.S. Court of Appeal for the Eleventh Circuit in Atlanta has ruled in a case of first impression for the circuit. ComTran Group v. U.S. Dep’t…
An employer could be held liable for its employee’s off-duty accident as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment, the California Court of Appeal has held, reversing summary judgment in favor of the employer. The Court further ruled it was irrelevant that the effect of…
If there’s one sound that perks the ears of safety officers at any medical facility, it’s a knock at the door from an OSHA inspector.
OSHA inspections can seem like a nerve-wrecking and stressful ordeal, particularly for smaller facilities, but with the right preparation, the inspection process can be relatively painless. This preparation revolves around…
A revision to the Tennessee Workplace Violence Act has seen an unexpected use — to seek a temporary restraining order to prohibit a co-employee’s access to the workplace. Details can be found here.
I am pleased to announce the addition of several new leading safety and health lawyers to the Jackson Lewis team. Joining us from Patton Boggs are Henry Chajet, Mark Savit, Brian Hendrix, Avi Meyerstein, Donna Pryor, and Bob Horn. And joining us from Ogletree Deakins is Tressi Cordaro. …
OSHA recently issued its FY 2014 Budget Justification. The document spans over 130 pages and provides a wealth of information regarding the Agency’s priorities.
In FY 2014, OSHA proposes to continue its aggressive enforcement posture. The Budget Justification cites a recent study published in Science magazine entitled Randomized Government Safety Inspections Reduce Worker Injuries with …
In the latest round in the debate over employment-based wellness programs, the U.S. Departments of Health and Human Services (HSS), Labor and the Treasury have issued final regulations on the treatment of such programs under the Affordable Care Act (ACA). While the new regulations raise the maximum permissible reward that may be offered in connection…
