Author Archives: mavity2012

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About mavity2012

I am a 42-year 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 numerous offices in four countries' offices about 50 percent of the time. I created and co-chaired the Firm's Workplace Safety and Catastrophe Management Practice Group. I rely 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

I’m Not an Engineer! What Do I Care About Management of Change?!

Although OSHA’s Process Safety Management (PSM) standard may be the most challenging of OSHA’s regulations, the PSM standard, along with NFPA consensus standards about combustible dust have raised the topic of the importance of management of change (MOC) outside of … Continue reading

Posted in combustible dust, consensus standards, hazard assessment, hazardous substances/chemicals, manufacturing, OSHA, plastics, safety programs | Tagged , , , | Leave a comment

Employees Discuss Evading Employer Management of BYOD Policies

Management employment lawyers write a great deal about managing your workplace electronic communications and data because the proliferation of electronic devices and remote working has created so many ways to lose vital company data. I have linked to the blog … Continue reading

Posted in internal investigations, performance management, privacy | Leave a comment

Pause Before Firing That Guy Objecting To A Work Practice By Quoting Misinterpreted Theology

Eric Meyer posted a spot reminding us that even if the request seems weird, an employer has some level of duty to accommodate a religious practice.  In this case, a mining employee objected to a bio metric scanning system involving his … Continue reading

Posted in cultural changes, discipline and discharge, discrimination, whistleblower/retaliation | Tagged , | Leave a comment

Dealing With Bad Behavior By The Top Dogs

Fran Sepler recently posted an insightful blog, “I’m Sort of Sorry: Coaching the High Level Harasser” discussing coaching a high-level performer regarding harassment, poor behavior or insensitivity.  It takes wisdom and experience to deal with an executive who can fire … Continue reading

Posted in discipline and discharge, internal investigations, management and leadership, performance improvement | Tagged , , | Leave a comment

Confusion About OSHA During the Shutdown

Under OSHA’s Contingency Plan, all but approximately 10% of its employees are furloughed.  If one calls an Area Office, you’ll encounter an Area Director and perhaps an Assistant Area Director, who will respond to workplace fatalities or complaints of situations … Continue reading

Posted in Cal-OSHA, government inspections, OSHA, state osha plans, Washington | Tagged , , , | 1 Comment

Haz Com/GHS Training Due By December 1, 2013

An excellent explanation and update on Haz Com and the GHS for Construction Contractors, courtesy of the AGC: LINK. Our most recent F & P Blog post on GHS: LINK. MOST IMPORTANT ACTION ITEM: TRAINING MUST BE COMPLETE BY DECEMBER 1, … Continue reading

Posted in combustible dust, employer policies, hazardous substances/chemicals, safety programs, training | Tagged , , | Leave a comment

More On the EEOC’s War On Criminal Background Checks

More from my buddy, Matt Korn, on the costly battles caused by the EEOC’s war on criminal background checks: Strike Two – The EEOC’s Failed Attempts To Limit Background Checks Date: October 1, 2013 By Matthew Korn (Labor Letter, October … Continue reading

Posted in auto industry, background checks/examinations, discrimination, EEOC, employer policies, government inspections, hospitality | Leave a comment

Customer Service and Workplace Safety

I am writing this post as I sit on a bench in front of the Davidson, NC Homewood Suites.  As I sat working on documents, I struck up a conversation with an employee, who was emptying the trash and straightening … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, hospitality, management and leadership, retail, supervisor development | Tagged , , | Leave a comment

Fatalities Result In Largest Ever Canadian Criminal Negligence Fines On Corporation

One should never assume that safety regulation is the same in Canada and other English-speaking countries as in the U.S.  I often look to the U.K., Australian and Canadian Occupational Safety Administrations for practical ideas for compliance, but the systems … Continue reading

Posted in civil and criminal exposure, construction | Leave a comment

Firing Etiquette

A senior HR professional asked when to have HR sit in on a termination.  As with many good questions, the answer is that “it depends on the facts.”  Here are a few initial observations before we get to the central … Continue reading

Posted in discipline and discharge, discrimination, employer policies, management and leadership, managing legal matters, performance management, whistleblower/retaliation | Tagged , , | Leave a comment