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

Common Mistakes In OSHA Inspections

 This post is not a comprehensive  “guide” to handling OSHA Inspections, but rather is a few observations about reoccurring issues we see in OSHA inspections.  These comments are most appropriate to a fatality or more involved OSHA inspection. 1.         No matter what … Continue reading

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The 50 People Who Most Influenced EHS in 2012-13

My thanks to EHS Today Magazine for selecting Ed and me to EHS Magazine’s 50 People Who Most Influenced EHS in 2012 – 2013.  We really appreciate the acknowledgement and hope that we can do even better in 2013 – 2014. The … Continue reading

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Ruminations On What makes Businesses Succeed (as if a lawyer knows!)

This post is personal, and as the introduction to DVD’s state … this post does not reflect the views of F & P, etc.  It’s a labor of love, and also a reflection of my conviction that safety is inextricably … Continue reading

Posted in attitude/culture, discipline and discharge, employee engagement, generational differences, managing legal matters, safety programs | Tagged , , , | Leave a comment

Why Is Common Sense So Uncommon?

Don’t get me wrong. I make a handsome living in part because common sense is anything but common. However, I like to prevent labor and employment problems, and I’d do anything to reduce the number of workplace deaths.  So I … Continue reading

Posted in employer policies, harassment, hazard assessment, management and leadership, reducing injuries | Tagged , , , | Leave a comment

OSHA Gets It Right On Temporary Workers – Part II

I have been surprised to see so little commentary on the outgoing Deputy Assistant Secretary’s April 29 announcement of OSHA ramping up its focus on Temporary Workers.  Ed talked a bit earlier this week about OSHA’s new initiative and I’ll … Continue reading

Posted in employer policies, government inspections, hospitality, manufacturing, OSHA, safety programs, workers comp | Tagged , , | 2 Comments

Employers Hesitate To Discipline Workers For Safety

This from BLR Workplace Safety News … June 11, 2013 Employers hesitate to discipline workers for safety A labor lawyer says discipline is essential for safety, but employers just aren’t doing it. Fisher & Phillips partner Howard Mavity cites a … Continue reading

Posted in discipline and discharge, employer policies, incentive plans, OSHA, safety programs | Tagged | 1 Comment

Why Do Some Establishments Deliver Such Fine Customer Service – And What Does This Have To Do With Safety?

I’m on my 16 hour flight back from South Africa to Atlanta and processing my experiences.  Surely such a varied and unusual adventure will provide me with fodder for some philosophical musings which lead to my usual practical “Action Points” … Continue reading

Posted in attitude/culture, employee engagement, hospitality, management and leadership, recruiting, retail, safety programs, union organizing | Tagged , , , | Leave a comment

Will the EEOC Treat You Like A Criminal For Asking About Criminal Records?

A few practical ruminations…. Many of us remain a bit surprised that even the EEOC has so many problems with employers refusing to hire applicants with criminal records. certainly there are problems, but do the inquiries really warrant class action-type … Continue reading

Posted in class actions/systemic investigation, EEOC, employer policies, litigation, recruiting | Tagged , , | Leave a comment

FORGET THAT NEW NOVEL! NEW EEOC PUBLICATIONS ARE HERE!!

I  found this post and links by fellow attorney-blogger, Philip K. Miles III of “Lawfice,” to be quite useful.  I agree with his instruction … for your “Memorial Day reading.”  Actually, while I love to read stuff like this in my off time, … Continue reading

Posted in ADA, aging workforce, discipline and discharge, EEOC, employer policies, wellness | Tagged , , , , , , , | Leave a comment

IT’S NOT OUR FAULT – IT’S THEIR FAULT!!

  I’m not talking about kindergarten playtime or its “adult” equivalent … politics. Any time multiple employers are involved, labor and employment matters becomes much more complicated. The classic example is a construction site.  OSHA refers to such settings as … Continue reading

Posted in civil and criminal exposure, construction, government inspections, MSHA, NLRB, OSHA | Tagged , , , | 1 Comment