Category Archives: OSHA

Employers Hesitate To Discipline Workers For Safety

Posted on June 11, 2013 by mavity2012

This from BLR Workplace Safety News … June 11, 2013 Employers hesitate to discipline workers for safety A labor lawyer says discipline is essential for safety, but employers just aren’t doing it. Fisher & Phillips partner Howard Mavity cites a … Continue reading →

Posted in discipline and discharge, employer policies, incentive plans, OSHA, safety programs | Tagged | 1 Comment

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

WATCH OUT FOR “REGULATION BY SHAME”

Posted on May 16, 2013 by mavity2012

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

Posted on May 13, 2013 by mavity2012

  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

Bad Facts Make Bad Laws . . . .

Posted on May 1, 2013 by mavity2012

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

What’s So Important About Work Gloves?

Posted on April 23, 2013 by mavity2012

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?

Posted on April 22, 2013 by mavity2012

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

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

Will OSHA’s New Interpretation Improve Safety?

Posted on April 12, 2013 by mavity2012

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 , , , | 1 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