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Author Archives: mavity2012
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 construction employer leading and lagging safety indicators, controlling workers comp costs, leading versus lagging safety indicators, osha and safety incentives, safety programs
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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 campaigns against employers using safety, osha allows union organizers to participate in inspections even if they do not represent employees, osha opens door to non employees during inspections, response to new osha interpretation allowing non employees to participate in inspections
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Everybody Agrees That We Need Better Wellness Programs? Correct?
My answer would be that “I’m not sure.” An amazing number of employers agree that absent improved wellness initiatives, a graying less healthy workforce will break the corporate bank, so to speak. Likewise, seemingly, we should all be able to … Continue reading
Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, wellness, workers comp
Tagged ADA, controlling workers comp costs, EEOC, eeoc objections to wellness programs, employer benefit plans, employer policies, how to incentivize wellness, obesity in the workplace, surveys of employee wellness efforts, wellness programs and the ADA
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Do I Have To Treat Employees Like Kids? Uhh… Sometimes.
I hope that this Post is of no surprise to anyone, but in my recent quest to review basic aspects of the wonderful world of OSHA, I realized that the question of “do I have to make employees wear … Continue reading
Posted in construction, discipline and discharge, employer policies, government inspections, OSHA
Tagged Do I Have To Treat Employees Like Kids? Uhh… Sometimes, employer duty to require PPE, eye protection, PPE, requiring employee use of ppe, unpreventable employee misconduct, wide reach of 1926.20 and 1926.21
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Why Isn’t The FLSA Minimum Wage $33 An Hour?
From one of our Fisher & Phillips wage-hour impresarios, John Thompson. Why Isn’t The FLSA Minimum Wage $33 An Hour? U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act’s $7.25-per-hour … Continue reading
More Negative Developments in State OSHA Plans.
While non-Californians understandably view the California legal system as more complicated and punitive, until recently, upper leadership and a lack of money made Cal-OSHA more reasonable than its written rules suggested. However, Fed-OSHA has continued to push State OSHA Plans … Continue reading
OSHA Warning: Don’t Get Caught In a Trap!
It’s nice to see that more and more employers and their publications are raising the legal and practical concerns associated with reliance on “lagging indicators,” such as recordable injuries to manage and evaluate safety programs. Go to the Blog of … Continue reading
It Took 12 Years To Decide That’s Not Willful?!
Let’s continue our discussion of employer “Willful” behavior. OSHA can be inconsistent in its application of the classification, and it is often up to the employer to establish the distinction between “serious” and “willful” behavior during and after an OSHA … Continue reading
Posted in construction, government inspections, OSHA, willful
Tagged challenging osha willful classification, difference between willful and serious osha citations, employee safety, managing an osha inspection, managing osha multiemployer workplaces, OSHA Inspections, what is a willful citation?
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Is that a Willful Violation?
Employers are uncertain about the difference between a “Willful” classification and a “serious” classification of an OSHA citation. I confess that I sometimes struggle to understand the basis for a particular Area Office or Judge’s decision. First, a basic definition … Continue reading