Monthly Archives: April 2013

Matt Korn On MSHA.

Matt Korn, a former attorney with D.C. MSHA, who works out of our Columbia office, finished moving into a new house this weekend, and celebrated by engaging in a veritable explosion of blogging. I present for your enjoyment, the following no-doubt … Continue reading

Posted in civil and criminal exposure, MSHA, Washington, whistleblower/retaliation | Tagged , , | Leave a comment

Why Do Workers Choose To Get Hurt or Killed?

They may not know it at the time, but workers (and companies) make choices that result in workplace accidents. While there are many contributing factors to workplace accidents, on some level, bad decisions were made. J. A. Rodriquez recently wrote an … Continue reading

Posted in attitude/culture, cultural changes, incentive plans, reducing injuries, safety programs, wellness | Tagged , , , | Leave a comment

What’s So Important About Work Gloves?

Work gloves are so ubiquitous that we may forget that gloves can present as many complex challenges as any type of PPE. The gloves selected may not address site-specific hazards, especially for a mobile workforce, such as construction. Not only … Continue reading

Posted in OSHA, PPE | Tagged , , , | Leave a comment

Discipline Is Essential For Safety, So Why Don’t We Do It?

An effective safety process requires consistent discipline to support other company safety efforts, but it doesn’t happen. OSHA is aggressively suing employers for allegedly using safety rules to terminate employees for reporting workplace injuries. Indeed, it often turns out that … Continue reading

Posted in discipline and discharge, employer policies, OSHA, reducing injuries, whistleblower/retaliation, workers comp | Tagged , , | Leave a comment

Count The Cost Before Waging The War

  An excellent piec by my Portland, Oregon partner, Rich Meneghello…. When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, … Continue reading

Posted in civil and criminal exposure, discipline and discharge, litigation, managing legal matters, settlement strategies, wage hour | Tagged , , | Leave a comment

EHS Magazine Discussions of Leading and Lagging Indicators and OSHA

Last Week, Sandy Smith, Editor in Chief of EHS Magazine, interviewed me for two articles she prepared today on the continued difficulties presented as employers struggle to rely on leading indicators to manage safety rather than relying on workplace injury data – “lagging … Continue reading

Posted in construction, employer policies, incentive plans, OSHA, wellness, whistleblower/retaliation | Tagged , , , , | Leave a comment

Will OSHA’s New Interpretation Improve Safety?

Non-employees accompanying OSHA on an inspection of a non-union work site? This Post is going to stir up some discussion. Many employers have learned that third parties can use safety issues to bring pressure on employers by harming the company’s … Continue reading

Posted in concerted protected activity, government inspections, OSHA, union organizing, unions | Tagged , , , | 1 Comment

Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment