BY: Carl Habekost, Esq.
Employers have a defense to an OSHA citation when the violation of a safety regulation was due to unpreventable employee misconduct. There are four elements to the unpreventable employee misconduct defense that must be proven to vacate a citation.
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.Read more
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.
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.
On May 18, 2018, OSHA issued an internal memorandum to its regional administrators outlining procedures for the use of “drones” during inspections. Despite the fact this memorandum was issued nearly a year ago, very little is known about the practical impact on enforcement activities. Employers need to remember that OSHA does not have unlimited search authority.Read more
The 6th annual National Safety Stand-Down to prevent falls will take place the week of May 6-10, 2019. Falls from elevation continue to be a leading cause of death for construction employees, yet each one is preventable. The stand-down is a voluntary opportunity for employers to pause work and have a conversation with workers about fall hazards, protective methods, and the company’s safety policies, goals and expectations.Read more
April 2019 marked the official 18th anniversary of Sexual Assault Awareness Month (SAAM). With the recent #MeToo movement, sexual assault and sexual harassment issues have never been such a large part of our national conversation. Our YouTube channel contains an in-depth 1-hour webinar on the important issue of sexual harassment in the workplace which you can view here.
This month, however, we want to give attention to the correlation between workplace sexual harassment and workplace violence.