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

WATCH OUT FOR “REGULATION BY SHAME”

When OSHA Assistant Secretary Michaels and Jordan Barab famously admitted that OSHA was utilizing large penalties accompanied by harsh press releases to “motivate” employers to comply, I had mixed feelings.  Fear is a great motivator.  Aggressive publication of legitimate noteworthy OSHA citations … Continue reading

Posted in managing legal matters, MSHA, NLRB, OSHA, settlement strategies, union organizing, willful | Tagged , , , | Leave a comment

Combustible Dust Explosions and Compliance – Especially For Food Processors

  I have linked to an Interview by the good folks at Chem.Info.com, an excellent publication and provider, especially for food processors and related businesses.  We represented construction employers at the 2008 Port Wentworth Sugar Plant (Imperial Sugar) explosion and … Continue reading

Posted in civil and criminal exposure, combustible dust, consensus standards, emergency response, food processing, general duty 5(a) citations, manufacturing, OSHA, willful | Tagged , , , | Leave a comment

I Won My Case, But I Can’t Recover Those Costs?!

This post is mainly for lawyers, but non lawyers (i.e, “clients”) should also read it because almost every client I know has wanted to get every possible fee or cost back from unsuccessful plaintiffs from what they viewed as frivolous law suits.  Increasingly … Continue reading

Posted in litigation, managing legal matters, settlement strategies | Tagged , , | Leave a comment

Part 2: Now Let’s Find Out Why Employees Make Those Bad Choices

A few days ago, I ended my analysis of “why workers choose to get injured or killed,” by proposing that as a possible first step to learn the answer, employers should determine their unique safety “culture.”  Attorneys like us can … Continue reading

Posted in construction, cultural changes, employee engagement, generational differences, management and leadership, reducing injuries, safety programs | Tagged , , | Leave a comment

Bad Facts Make Bad Laws . . . .

Former Clinton official Webb Hubbell summed it up well… There is an old adage in politics and the law that “Bad Facts, Lead to Bad Law.” In law, a horrible fact situation full of sympathy for one side can lead … Continue reading

Posted in OSHA, state osha plans, Washington | Tagged , | Leave a comment

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