Category Archives: construction

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

Posted on May 20, 2013 by mavity2012

  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

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

Posted on May 2, 2013 by mavity2012

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

EHS Magazine Discussions of Leading and Lagging Indicators and OSHA

Posted on April 15, 2013 by mavity2012

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 , , , , | Leave a comment

Do I Have To Treat Employees Like Kids? Uhh… Sometimes.

Posted on March 25, 2013 by mavity2012

   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 , , , , , , | Leave a comment

It Took 12 Years To Decide That’s Not Willful?!

Posted on March 22, 2013 by mavity2012

  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 , , , , , , | Leave a comment

OSHA Is Only the Appetizer

Posted on February 23, 2013 by mavity2012

 An OSHA Inspection and citations often create the smallest liability associated with a workplace death, serious injury or major accident, but the facts and citations arising from that process will influence subsequent civil and criminal actions. I spoke a number of … Continue reading →

Posted in civil and criminal exposure, combustible dust, construction, government inspections, litigation, OSHA | Tagged , , , , , , , | Leave a comment

Fed-OSHA . . . Coming To A State Near You?

Posted on February 21, 2013 by mavity2012

The OSHAct provides that a State may operate its own OSHA program so long as the program is “at least as effective as Fed-OSHA’s program.” As a result, there are 27 State-OSHA Plans. Some of the Plans are quite good. … Continue reading →

Posted in construction, government inspections, OSHA | Tagged , , , , , , , | Leave a comment

Not Sexy, But It Is Important: Top 10 OSHA Crane Standards Cited

Posted on January 23, 2013 by mavity2012

Thanks to Jim Goss, one of the best safety Professionals I know, for the list below of common OSHA Crane Citations.  1. 1926.1428(a) Signal person not qualified 2. 1926.1425(c)(3) Materials not rigged by a qualified rigger 3. 1926.1428(a)(3) No documentation … Continue reading →

Posted in construction, employer policies, government inspections, OSHA | Tagged , , | Leave a comment

Confusion About Safety Incentive Plans – Legal or Illegal?

Posted on January 9, 2013 by mavity2012

Questions about Safety Incentive Plans have resurfaced in a number of discussions and blogs because of OSHA’s steadily increasing rhetoric against safety incentive programs that rely on injury data and/or whose incentives OSHA deems to be of sufficient magnitude to … Continue reading →

Posted in aging workforce, construction, discipline and discharge, employer policies, government contracting, government inspections, incentive plans, manufacturing, OSHA, plastics, workers comp | Tagged , , , , , , , , , , , | Leave a comment

The Care and Feeding Of Counsel

Posted on January 7, 2013 by mavity2012

My Las Vegas partner, Mark Ricciardi, recently posted the Fourth Part of his Blog on “Ten Reasons to Find a New Labor Employment Attorney.” I respect Mark’s opinions because he maintains some of our most enthusiastic clients. Over the next … Continue reading →

Posted in acqusition and mergers, combustible dust, concerted protected activity, construction, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, government contracting, government inspections, harassment, hospitality, litigation, managing legal matters, manufacturing, NLRB, OSHA, plant openings and closures, plastics, retail, social media, union organizing, unions, wage hour, workplace violence | Tagged , , , , , , , , , , , , , , | Leave a comment