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Featured Item
Supreme Court Decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
After 6-tiers in the making, the Supreme Court decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. _____ (2018), but the opinion shows that you can’t always have your cake and eat it too.
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Publications
Second District Court of Appeals Rules on Parking Lot Fight
The mere fact that an injury occurs on company property during or near an employee’s work shift does not mean the injury is compensable under Ohio law. Employers should be mindful to scrutinize all potential claims to determine whether the alleged injury occurs in the course of or arises out of employment. A recent decision from the Second District Court of Appeals illustrates this point.
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In Garner v. Bur. of Work. Comp., 2nd Dist. Case No.
OSHA launches Site-Specific Program to Target High Injury and Illness Rates
On October 17, 2018, OSHA issued a Trade Release Communication to advise employers of its Site-Specific Targeting Program. The program will utilize injury and illness information which has been electronically submitted by employers for the calendar year 2016. The program will target high injury rate establishments in both the manufacturing and non-manufacturing sectors for inspection.
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OSHA and Its New Approach to Drug Testing Programs and Safety Incentive Policies
On October 11, 2018, OSHA issued a Memorandum to Regional Administrators clarifying the agency’s position on workplace safety incentive programs as well as post-incident drug testing policies. By way of background, on May 12, 2016, OSHA published a final rule which amended 29 CFR 1904.35 prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses.
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Medical Marijuana Update
Employers in Ohio face a challenging situation with the advent of medical marijuana and the issues it presents in the workplace. The law entitles employers to a drug free workplace and the enforcement of a zero-tolerance policy. However, to date, there is not a “real time” test to determine whether an employee is impaired or “high”.
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Court Limits the Scope of OSHA Inspections
An important decision for employers was issued on October 9, 2018, by the U.S. Court of Appeals for the Eleventh Circuit in United States v Mar-Jac Poultry, Inc., No. 16-17745. The Mar-Jac case limited OSHA’s ability to expand accident investigations beyond their original and intended scope.
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The case began on February 3, 2016, when an employee of Mar-Jac Poultry, a poultry processing facility in Georgia, was injured while trying to repair an electrical panel.
