Safety Lessons from Organizations Promoting Effective Management and Safety.

I wish that time permitted us to write more often about the good work done by various groups to improve workplace safety and management. Notable examples include AGC –National and numerous state AGC-Chapters, the National Safety Council, State safety summits or “Governors Safety Conferences,” such as those in Georgia, Alabama, Tennessee, Mississippi, Kentucky and Indiana; TAUC, NBWA, American Foundry Society, American Poultry Association, and many others. We could also talk about the work of insurers and affiliated businesses, such as Willis, ACIG and Zurich. Today I’ll do just that ….

BevCap Management Best Practices Conference.

I’ve spoken at BevCap Management LLC’s  Best Practices Conferences for many years, on topics such as Drugs in the Workplace, Common Workplace Safety Problems, Ergonomic challenges, OSHA enforcement, FMLA, effective HR, and avoiding Harassment and Discrimination claims. I try to attend other sessions as possible to learn the current concerns on these beer wholesalers’ minds and solutions being developed.

This year’s subjects illustrate concerns on almost all employers’ lists:

Vehicle Safety – the legal exposure generated by fleets and even individual auto usage dwarfs that of most other workplace safety concerns. About 40% of OSHA’s annual workplace fatalities involve vehicles. Workers Comp claims by drivers, especially those involved in loading or unloading product are high. And of course, a single accident killing a member of the public can in a single stroke destroy a company’s hard-won reputation. Therefore, it’s not surprising that topics included:

  • A sobering presentation by attorney Gregory Gowan on a Plaintiff Attorney’s Perspective of the Liabilities Associated with Distracted Driving.

 

  • A soup to nuts discussion by attorney Mark Downey on Updating Your Company Driver and Vehicle Policies and the legal issues associated with employee vehicle usage.
  • Rear End Collisions.
  • Strategies Used to Curb Distracted Driving.

Smoking Cessation and Addiction Treatment – Harold C. Urschel III, MD, MMA, Chief Medical Strategist, Enterhealth. Dr. Urschel is the NYT Best Selling Author of Healing the Addicted Brain.

I also spoke some on state law challenges posed by recent new state recreational and medical marijuana laws being interpreted as requiring employers to accommodate employees using Marijuana use – still a small minority. However, Dr. Urschel addressed the more crucial root issue of the rise in addiction problems, especially with regard to heroin and abused prescription meds. There are few more serious and expensive future challenges looming over employers. See our frequent writing about opiates and NYT Author Sam Quinones.

Articles by Dr. Urschel:

About mavity2012

I am a Senior Partner operating out of the Atlanta office of Fisher & Phillips LLP, one of the Nation’s oldest and largest management employment and labor firms. My practice is national and keeps me on the road or in one of our 28 offices about 50 percent of the time. I created and co-chair the Firm's Workplace Safety and Catastrophe Management Practice Group. I have almost 29 years of experience as a labor lawyer, but rely even more heavily on the experience I gained in working in my family's various businesses, and through dealing with practical client issues. Employers tell me that they seldom meet an attorney who delivers on his promise to provide practical guidance and to be a business partner. As a result, some executives probably use different terms than “practical” to describe my fellow travelers in the profession. I don't enjoy the luxury of being impractical because I spend much of my time on shop floors and construction sites dealing with safety, union and related issues which are driven by real world processes and the need to protect and get the most out of one's most important business assets ... its employees. That's one of the reasons that I view safety compliance as a way to also manage problem employees, reduce litigation and develop the type of work environment that makes unions unnecessary. Starting out dealing with union-management challenges and a stint in the NLRB have better equipped me to see the interrelationship of legal and workplace factors. I am proud also of my experience at Fisher & Phillips, where providing “practical advice” is second only to legal excellence among the Firm’s values. Our website lists me as having provided counsel for over 225 occasions of union activity, guided unionized companies, and as having managed approximately 450 OSHA fatality cases in construction and general industry, ranging from dust explosions to building collapses, in virtually every state. I have coordinated complex inspections involving multi-employer sites, corporate-wide compliance, and issues involving criminal referral. As a full labor lawyer, I oversee audits of corporate labor, HR, and safety compliance. I have responded to virtually every type of day-to-day workplace inquiry, and have handled cases before the EEOC, OFCCP, NLRB, and numerous other state and federal agencies. At F & P, all of us seek to spot issues and then rely upon attorneys in the Firm who concentrate on those areas. No tunnel vision. I teach or speak around 50 times per year to business associations, bar and professional groups, and to individual businesses. I serve on safety committees at three states’ AGC Chapters, teach at the AGC ASMTC
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