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

When Is More Leave Not a Reasonable Accomodation?

Cases under the ADA are fact specific.  Often it is difficult to find clear-cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable.  In Attiogbe-Tay v. Southeast Rolling Hills LLC, a … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, employer policies, supervisor development | Tagged , | Leave a comment

The Movie Dallas Buyers Club Teaches a Lot About Work and Life

The Dallas Buyers Club opened last Friday in limited cities, it’s the largely true story of a thoroughly unlikable hard ass Texas oil worker at the beginning of the 80’s AIDS crisis, who learns that he has full-blown AIDS (from … Continue reading

Posted in ADA, privacy, Uncategorized | Tagged , , , | 1 Comment

Can the Choice of An Industrial Vacuum Cleaner Be Deadly?

One of my focus areas is combustible dust in the workplace.  As I have written before, an extraordinary range of common products can cause an explosion and deflagration (pressure wave) under the right circumstances.  One occasion is when a well-meaning … Continue reading

Posted in combustible dust, general duty 5(a) citations, hazardous substances/chemicals, OSHA | Tagged | Leave a comment

Will OSHA’s Proposal To Publicize More Employer Injury Data Improve Safety?

OSHA has announced a proposed rule which will require establishments with 20 or more employees, in certain industries with high injury and illness rates, to electronically submit their summary of work related injuries and illnesses to OSHA every year.  The … Continue reading

Posted in hospitality, OSHA, recordkeeping, Washington | Tagged , , , | Leave a comment

Should Employers Conduct Employee Surveys?

I recently read an article stating that over one-half of 250 HR respondents thought that the traditional employee survey is dead.  Most respondents felt that the future of employer research was “qualitative” rather than “quantitative,” and 80% believe that mobile … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, employer policies, management and leadership, safety programs, safety technology and apps | Tagged , , , | Leave a comment

Are Meetings the Bane of Your Existence?

I had not previously read posts by Ron Thomas, but based upon his recent TLNT post, “The Problems With Meetings?  They Cost More Than They’re Really Worth,” Mr. Thomas is that rarest of leaders . . .:  an individual with … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, generational differences, management and leadership | Tagged , , , , | Leave a comment

« Are Your Employees at Risk of Isocyanate Exposure?

From my friend, Brian Edwards, whom I have found to have great wisdom when dealing with combustible dust challenges. CTI EHS Blog Conversion Technology Inc. Environmental, Health and Safety News Blog. Keeping you informed of important issues. « Are your … Continue reading

Posted in combustible dust, maintnance and engineering, MOC, PPE | Tagged | Leave a comment

Safety Has Missed the Boat On Sustainability

I have been sharing materials from the EHS Today “America’s Safest Companies” conference which we co-sponsored the last week.  I experienced one of those epiphany experiences while listening to Dr John Howard and representatives of GE and Georgia Pacific explain … Continue reading

Posted in maintnance and engineering, management and leadership, safety programs, training | Tagged | Leave a comment

Great Safety Info from “Plant Engineering”

I enjoy articles THAT I discover in Plant Engineering because one of my (many) goals is to obtain more coordination between the safety, engineering, maintenance and purchasing functions.  Management of Change (MOC) affects far more than PSM, combustible dust and guarding and … Continue reading

Posted in combustible dust, food processing, hazard assessment, maintnance and engineering, MOC, safety programs, safety technology and apps, sustainability | Tagged , , , , , , | Leave a comment

Smooth Restart For OSHA So Far.

Whatever you may think of this Administration, one has to admire how well OSHA returned to full operations after the government shut down, and the behind the scenes work that made the return seem so seamless.  As I wrote earlier and … Continue reading

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