The General Duty Clause and COVID-19

By: Carl Habekost, Esq.
chabekost@nullbugbeelawyers.com
 
The Occupational Safety and Health Act requires all employers to “…furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees…”  (Section 5(A)(1)).

Unpreventable Employee Misconduct and COVID-19

By: Carl Habekost, Esq.
chabekost@nullbugbeelawyers.com
As we gradually return to work during the COVID-19 crisis, employers are reviewing, revising and creating employment policies.  This is a good time, therefore, to review an affirmative defense available to employers that is based partly upon written safety policies.

The Path Forward: Safety & Legal Considerations to Prepare Your Workplace for Return Amid the COVID-19 Pandemic

Repeat Redefined

BY: Carl Habekost, Esq.
An important case is currently pending before the United States Court of Appeals for the Second Circuit involving the definition of “Repeat” for an OSHA violation.  In Acosta v. Angelica Textile Services, Inc., the facts reveal that the company provided commercial linen cleaning services using very large washing machines called “combined batch washers” (CBW).  The cleaning process consisted of a long, cylindrical tunnel with “washer modules”.

OSHA 300A Form: Common Mistakes Employers Make

BY: Carl Habekost, Esq.
March 2, 2020, is the deadline for electronically reporting your OSHA Form 300A Annual Summary of workplace injuries and illness data for calendar year 2019. The Form 300A is a summation of the workplace injuries and illnesses recorded on the OSHA 300 Logs during the previous calendar year, as well as the total hours worked the previous calendar year by all covered employees.