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Category Archives: government inspections
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
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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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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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
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
OSHA Is Only the Appetizer
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 can safety professionals get sued, civil and criminal exposure in OSHA cases, conspiracy, employee obstruction, employer and employee criminal exposure, employer exclusive remedy protections, false statements, individual employee liability
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Fed-OSHA . . . Coming To A State Near You?
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 arizona osha dispute with osha about residential fall protection, CASPA, osha 2013 changes, osha and construction, OSHA FAME monitoring, osha take over of state osha plans, problems with differences in state osha plans, residential fall protection
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Attractive Women! Retaliation Claims! Social Media! Mixed Drinks! In a Wage-Hour Case?
Ok… I admit to sounding like a British tabloid writer. However, how often can one discuss a Fair Labor Standards Act (FLSA) case set in an upscale bar, involving allegations of retaliation and threatening social media posts? I suspect that wage-hour … Continue reading
Posted in discipline and discharge, EEOC, employer policies, government inspections, hospitality, social media, wage hour, whistleblower/retaliation, workplace violence
Tagged can a boss' threats constitute workplace violence?, employee safety, fast food restaurants, nlrb and social media, social media, threats on facebook
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Howard Mavity 