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Court of Appeals Finds Employer’s Failure to Follow its Own Drug Policy Precludes Finding of Voluntary Abandonment
In State ex rel. Stallion Oilfield Construction, LLC v. Indus. Comm., 2019-Ohio-3174, the claimant had an allowed workers’ compensation claim for a back strain. The claimant returned to work in a light duty capacity. Pursuant to the company’s policy, the claimant submitted to a random drug test, which revealed positive test results for morphine, codeine, and opiates. Under the company’s work rules, an employee will be terminated if a drug test is positive.
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News & Events
Governor Appoints Jim Hughes Chairman of the Industrial Commission
Effective July 1, 2019, Jim Hughes began a six-year term as chairman and the employee member of the Industrial Commission, replacing Thomas (Tim) Bainbridge. The Chairman oversees all administrative functions at the Commission in addition to adjudicating matters with the employer and public members of the Commission. Mr. Hughes’ background includes serving in the Ohio House of Representatives, the Ohio Senate, and various legislative committees.
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Supreme Court Holds the Commission Must Address Whether a Job Offer is Made in Good Faith in Determining a Request for TTD Compensation
In State ex rel. Pacheco v. Indus. Comm., 2019-Ohio-2954, the claimant sustained a work injury for which he received TTD compensation. The employer offered the claimant light duty employment, which consisted of sitting in the company cafeteria performing no work.
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The Joint Employer Rule and OSHA Liability
On April 1, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would revise and clarify the responsibilities of employers and “joint employers” to employees in certain “joint employer” arrangements. The proposal, if adopted, will be the first substantial change to DOL regulations on this topic since 1958.
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Managers, Supervisors, and OSHA: A “Binding” Experience
When a Compliance Officer (OSHA Inspector) appears at your workplace, employers should be aware that everything a supervisor or manager says at any point in time to the inspector could, and probably will, bind the company to support a citation.
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Imagine that an OSHA Inspector appears at your place of business based on a complaint of safety concerns by employees. The OSHA Inspector presents credentials, and the opening conference begins.
Toledo City Council Vote To Ban Salary History Question
On Wednesday, June 26, Toledo City Council approved the Pay Equity Act, an ordinance which will prohibit Toledo employers from requiring job applicants to disclose salary history as a condition of employment. City Council members believe this new law will help prevent pay inequities for woman and people of color in Toledo’s workplaces. In the absence of this information, City Council members believe pay will be based on ability and experience.
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Events
- May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more
