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By: Mark Barnes [email protected] As we previously reported, in January of 2021, Governor Mike DeWine signed Ohio House Bill 308, which provides for compensation and benefits to public safety officers (a.k.a. “first responders”) who sustain a disability from post-traumatic stress disorder (PTSD) received in the course of and arising out of employment, but without a physical injury. House Bill 308…
By: Mark Barnes [email protected] In the last 30 days, the CDC changed its mask guidance and pronounced that fully vaccinated individuals no longer need to wear masks. On June 2, 2021, the Ohio Department of Health’s COVID-19 order will expire, which means individuals and business will no longer be required to have social distancing and mask protocols. Numerous businesses already…
By: Mark Barnes [email protected] Under R.C. 4123.74, the benefits provided by Ohio’s workers’ compensation law are an employee’s exclusive remedy for injuries sustained in the course of and arising out of employment. An employer is immune from civil suits for work-related injuries if the employer has complied with the law by paying worker’s compensation premiums or is self-insured. However, employers remain liable for injuries resulting…
On March 12, 2021, OSHA announced the COVID-19 National Emphasis Program (NEP) providing employers with notice of expected enforcement trends under the new Biden administration. Below are key points for consideration. One component of the NEP is targeted inspections of high hazard industries which provide a risk of COVID-19 infections. Employers in the health care sector would be considered high…
Kids’ Chance of Ohio is dedicated to raising money to provide scholarships for children who have had a parent rendered permanently and totally disabled or fatally injured as the result of an Ohio work-related injury or illness. Kids’ Chance of Ohio had a rough fundraising year. Their 2 biggest fundraising events were cancelled. Our colleagues in the workers’ compensation industry…
Individuals who contract the COVID-19 virus sometimes develop symptoms that last for months. Such individuals have been called “COVID-19 long haulers”. Safety and Human Resource professionals should be aware that COVID-19 long haulers may very well be covered under provisions of the Americans with Disabilities Act (ADA). The ADA defines “disability” generally to include: A physical or mental impairment that…
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,…
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…
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...