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Category Archives: whistleblower/retaliation
EHS Magazine Discussions of Leading and Lagging Indicators and OSHA
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 construction employer leading and lagging safety indicators, controlling workers comp costs, leading versus lagging safety indicators, osha and safety incentives, safety programs
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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
How to Weigh Obesity In Employment Decisions
In September, one of my Memphis partners, Jeff Wientraub, wrote a good analysis of legal issues posed by obese workers in HR Professionals Magazine. While most employers state that an employees weight does not influence their employment decisions, I am … Continue reading
Posted in ADA, aging workforce, cultural changes, generational differences, wellness, whistleblower/retaliation, workers comp
Tagged accomodating injured workers, ADA, controlling workers comp costs, discrimination claims, employer policies, how to manage and assist employees with weight issues, is obesity a disability under the ADA?, is obesity protected?, obesity in the workplace, Return to Duty
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You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions
Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim. A locomotive machinist was sent for examination and not allowed to return to work after being diagnosed with … Continue reading
Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation
Tagged accomodating injured workers, ADA, COURT FINDS THAT EMPLOYEE COULDN'T PERFORM ESSENTIAL FUNCTIONS, discrimination claims, EEOC, employee safety, how to prove that an employee could not perform the essential functions of the job, Return to Duty, road map to defending ADA claims
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Response to Another NLRB Social Media Question.
As is often the case, we received hordes of fact-specific questions about what policies are being challenged by the NLRB, and what language has been approved regarding professional behavior, use of social media, courtesy and privacy. I am tempted to … Continue reading
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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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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Don’t Forget to Post That OSHA 300A Summary By This Friday, February 1!
Don’t Forget to Post That OSHA 300A Summary By This Friday, February 1! It always amazes me that such an admittedly dry subject creates so much interest. Today, we held the first of two Firm webinars today on the nuts and bolts … Continue reading
Posted in government inspections, incentive plans, OSHA, whistleblower/retaliation
Tagged emr and split point formula, osha 300 forms, osha 300's must be posted february 1. 2013!, osha and safety incentives, osha citations for recordkeeping violations, OSHA Inspections, osha recrdkeeping errors, recording temporary employee injuries
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Zero Injuries Is Not Proof Of Safety Excellance
I notice that one of the most popular subjects on which I blog is how to “lawfully” incentivize safety. A number of my Blogs and articles have focused on OSHA’s vigorous attacks on Employer Safety Incentive Programs or on the … Continue reading
Howard Mavity 