Category Archives: workers comp

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment

OSHA Gets It Right On Temporary Workers – Part II

I have been surprised to see so little commentary on the outgoing Deputy Assistant Secretary’s April 29 announcement of OSHA ramping up its focus on Temporary Workers.  Ed talked a bit earlier this week about OSHA’s new initiative and I’ll … Continue reading

Posted in employer policies, government inspections, hospitality, manufacturing, OSHA, safety programs, workers comp | Tagged , , | 2 Comments

Discipline Is Essential For Safety, So Why Don’t We Do It?

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

Everybody Agrees That We Need Better Wellness Programs? Correct?

My answer would be that “I’m not sure.”  An amazing number of employers agree that absent improved wellness initiatives, a graying less healthy workforce will break the corporate bank, so to speak.  Likewise, seemingly, we should all be able to … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, wellness, workers comp | Tagged , , , , , , , , , | Leave a comment

It’s Wise to Be Cautious: Risks of Unpaid Internships Are Still Increasing

I saw this post, It’s Wise to Be Cautious: Risks of Unpaid Internships Are Still Increasing,  by one of our wonderful wage-hour guys this morning on the always interesting TLNT site.  As Summer and the  “intern season” approaches, one would be well … Continue reading

Posted in cultural changes, hospitality, workers comp | Tagged , , | Leave a comment

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 , , , , , , , , , | Leave a comment

Focus on Wellness: For Our Workers, It’s a Critical Life or Death Issue

When I started this Blog, I wanted to post analysis and suggestions which were different or more practical than some of the Employment Law, Safety and Labor Articles out there.  I did not want to simply repeat what others were already effectively … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, Patient Protection and Affordable Care Act of 2010, wellness, workers comp | Tagged , , , , , , , , , , , | Leave a comment

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

Posted in emergency response, employer benefit plans, employer policies, OSHA, workers comp | Tagged , , , | Leave a comment

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 , , , , , , | Leave a comment

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

Posted in aging workforce, employer policies, government inspections, OSHA, workers comp | Tagged | Leave a comment