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Category Archives: OSHA
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
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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Cussing Out Your Employee May Get You Sued By… OSHA??
Hopefully you are aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 21 Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower group. If not, check out the News Room on OSHA’s … Continue reading
Posted in cultural changes, EEOC, generational differences, government inspections, management and leadership, NLRB, OSHA, whistleblower/retaliation, workplace violence
Tagged another risk for employers - cursing their boss, can a boss' threats constitute workplace violence?, cursing your employee may get you sued, workplace violence and the employer, workplace violence in construction, workplace violence in the marine setting
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Protecting Employees During AND After Winter Storms
Our Portland, Maine office NEVER closes, so when I saw the internal announcement that even that stolid crew was fleeing the storm, I knew it was bad. I am traveling on business through Sunday and do not have the opportunity … Continue reading
More Safety-Driven Attacks on Retailers
Read the press on allegations that contractors for a major retailer locked employees in during cleaning and committed other safety violations. I have no idea as to the validity of the claims against the contractors. I do know that Target is a … Continue reading
Posted in concerted protected activity, employer policies, government inspections, hospitality, OSHA, union organizing, workers comp
Tagged concerted protected activity, fast food restaurants, osha liabilty for contractors, retail osha issues, retail workers, safety attacks on hotels and restaurants, safety claims against retailers
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Are You Required to record the Flu On OSHA 300 Logs?
Normally,… no. The general rule under 1910.5(b)(2)(viii) is: Not if the illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work). However,… … Continue reading
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