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There are misunderstandings about OSHA law, OSHA citations, the burden of proof, and other issues which often result in wasted time and resources. This article will highlight common misperceptions and discuss the correct understanding of these issues. 1. Serious Citations A “serious” citation does not mean serious in the ordinary sense of the word. The OSH Act defines a serious…
The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for Fiscal Year 2020 (Oct. 1, 2019, to Sept. 30, 2020). This list is updated and released annually. Fall Protection, construction (29 CFR 1926.501) Hazard Communication Standard, general industry (29 CFR 1910.1200) Respiratory Protection, general industry (29 CFR 1910.134) Scaffolding,…
Have you considered what may happen if an employee is injured while working from home? Have you laid out clear instructions for your remote work employees in terms of hours, expectations, reporting procedures, etc.? Attorney Robert Solt, IV discuss...
Considerations when employees are reported for domestic violence, protest behavior, non-mask compliance/social distancing, etc. Many legal considerations come into play when an employee is reported for activity outside of the workplace. Employers will need to consider...
Telephone hearings, are they here forever? Should some hearings always be telephonic? Experienced workers’ compensation lawyer Robert Solt, III discusses the advantages and disadvantages of Ohio workers’ compensation telephone hearings, as well as tips on how to be...
Telephone Hearings are so 2020. The Industrial Commission of Ohio plans to begin transitioning the hearing process from telephone hearings to web conferencing via the Webex platform by mid-April, 2021. Parties and representatives still will be able to attend hearings...
Yesterday, March 22, 2021, the Industrial Commission of Ohio conducted a special telephone meeting in which the use of Webex was discussed. Tom Connor, Director of Adjudications, stated that the Commission presently hears 3 hearings per hour for seven hours per day. He anticipates the move to Webex will take place in mid-April. Of note, the Commission has conducted telephone…
Ohio House Bill 352 (HB 352), known as the Employment Law Uniformity Act, was signed into law by Governor DeWine on January 12, 2021. The Act goes into effect on April 15, 2021. The new law makes changes to several areas of Ohio’s employment discrimination laws. Statute of Limitations The Employment Law Uniformity Act shortens the time period for…
Marijuana presents a challenging situation for employers around the country. Marijuana (cannabis) is illegal under federal law because it is classified as a Schedule 1 drug under the Controlled Substances Act of 1970. This means Congress has determined that there is no medical value whatsoever for marijuana. Yet a total of some 36 states legalized cannabis for medical purposes, and…
A recent 6th U.S. Circuit Court of Appeals case from Michigan emphasizes the importance of creating and implementing computer and data privacy policies as well as monitoring employee use of digital data. The facts reveal that two employees of a Michigan truck and trailer company were part of the sales team for Royal Truck & Trailer Sales and Service, Inc.…