Workplace Safety and Health Law Blog | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys who
assist employers with workplace safety and health matters.

Are Sleepless and Fatigued Professionals Going to Cost You?

May 21, 2015 00:00
by Howard Mavity
Big law firms, accounting houses and especially hospitals have long prided themselves on requiring young professionals to work extraordinary hours, and perversely, young professionals wear their sleep deprivation as a badge of honor. Their seniors reason that they put in such absurd hours, so why should the youngsters be any different. Why indeed? Perhaps because fatigued professionals may make mistakes? Or because they burn out early and the employer’s investment in them is lost? The...

The Role of Risk Taking and Learning From Failure

May 14, 2015 14:56
by Howard Mavity
I wince whenever I see motivational posters with an eagle soaring over a mountain and a stirring phrase.  That’s not me. Cute phrases and motivational posters have limited effect on a guy who has handled 520 worker fatality cases and hundreds of internal investigations, union drives, and corporate campaigns.  But Jere Bucholz’ explanation of how NASA learns from failures was from the real world and motivated me.  After the Challenger explosion, NASA could easily have s...
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Nuggets on Talent Management and Engagement from TLNT’s High Performance Workplace Summit

May 8, 2015 08:26
by Howard Mavity
After 31 years as a labor lawyer, I don’t often feel like an amateur, but that’s how I felt listening to day one’s HR and academic presenters.  We overuse the term “Thought Leaders,” but the expression fit the speakers.  All of them dug deeply into HR and Talent topics without coming unmoored from practical application.  I’ll write more as time permits, but today I want to share a few “nuggets.” The Importance of Risk: How NASA Ce...

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Are You Taking Advantage of Industry Safety and HR Education Efforts?

May 4, 2015 02:52
by Howard Mavity
We actively support industry and trade association safety and HR efforts. Please send us information on Safety and HR events, and when we can do so, we will publicize your efforts. Here are some recent examples of successful safety and HR efforts and in BOLD, upcoming opportunities. The Georgia AGC’s Safety, HR and Professionalism Conference on April 29, drew an amazing 600 attendees in only its second year. Attendees had a choice of 40 sessions from five tracks, including not only ...

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OSHA’S Construction Confined Spaces Standard Effective August 3, 2015

May 1, 2015 05:21
by Howard Mavity
OSHA has finally released the Construction Confined Space standard.  In addition to the Standard, OSHA has established an improved Construction Confined Spaces page, complete with four new Frequently Asked Questions (FAQ) handouts.  The final Standard is what we were led to expect when we visited DC last month and more aligns General Industry and Construction practices.  See OSHA Press Release. Confined Spaces "This rule will save lives of construction workers. Unlike most gener...

OSHA’S Construction Confined Spaces Standard Effective August 3, 2015

May 1, 2015 04:42
by Howard Mavity
     OSHA has finally released the Construction Confined Spaces standard.  In addition to the Standard, OSHA has established an improved Construction Confined Spaces page, complete with four new Frequently Asked Questions (FAQ) handouts.  The final Standard is what we were led to expect when we visited DC last month and more aligns General Industry and Construction practices.  See OSHA Press Release. Confined Spaces  "This rule will save lives of constru...

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STOP ASSOCIATING STRUCK-BYS HAZARDS WITH HIGHWAY WORK.

April 23, 2015 02:42
by Howard Mavity
No.  I’m not proposing a Mad Max road war against highway workers.  However, we’ve got to expand our analysis and look for struck-by hazards in work settings other than road work. We must recognize the frustrating variety and unpredictability of stuck-by hazards.  The variety is near limitless.  Below are a few examples: ·         Backed over by a delivery truck or a dump truck; ·     ...

How Diligent Is Your M & A Due Diligence Investigation?

March 28, 2015 09:24
by Howard Mavity
  Due to employers’ understandable aversion to paying legal fees, they often wait until something goes wrong to avail themselves of counsel.  That’s regrettable because guys like me with over 30 years of specialized experience prefer to assist clients in avoiding problems and using human capital to succeed.  Despite the huge sums paid to lawyers in M& A transactions, many due diligence efforts are rote and ineffective with regard to labor, employment, and especi...

Recent Examples of Getting Sued By Employees

March 25, 2015 13:41
by Howard Mavity
Don’t give coworkers erotic books. A recent Law 360 headline described a corporate senior counsel explained providing an erotic book with “playful and provocative” drawings to a fellow manager as an “innocent gift.”  He had even written an  inscription which read, “a taste of Dharma Bum to remind that the Dharma breathes in and out and is nothing special,” referring, in part, to the Buddhist philosophy of life and the novel by beat writer Jack...

More Lessons From a Trade Association National Convention

March 20, 2015 16:25
by Howard Mavity
Not every commentator links character, love of family, and a commitment to one’s family, nation and industry to business success, but I’m convinced that the connection exists as much now as in the supposedly less complicated “Old Days.”  Certainly our values and view of the world has changed much in my 55 years, but have certain core values and principles changed?  I think not. I am involved with a number of Trade Associations, but probably spend the most time ...
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