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.

THE BIGGEST LOSER PROGRAM? A WELLNESS STRATEGY THAT WORKS!

November 24, 2014 07:25
by Howard Mavity
We are again running a Biggest Loser Contest among our 31 offices and will award prizes, beginning at $1,000, to individuals who lose the most weight.  I do not watch reality shows and am generally cynical about such programs.  However, I am happily eating my own words.  Employees are having fun with the contest and the competition has generated a lot of camaraderie and playful competition.  When I visit one office, someone will only half-jokingly ask me to leave Donuts on ...

Test Your Record Keeping (Part 5) - Top Errors in Completing the OSHA Recordkeeping Forms.

November 24, 2014 02:44
by Tiffani Casey
 Now that you have had some practice on what illnesses and injuries should be recorded on the OSHA recordkeeping logs, let's examine the most common errors we see when actually filling out the logs properly with that injury and illness information.While the OSHA 300 log appears simple on its face, the one-page document asks for very specific information and demands precision in completing the forms accurately. We rarely review a form that is completed 100% correctly. Hopefully, by being awa...
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Auto Dealers Will Soon Have to Maintain OSHA 300 Forms

November 17, 2014 08:05
by Howard Mavity
Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will cause the most problems for manufacturers because the amputation reporting requirements will trigger more OSHA inspections, but the LARGEST group affected will be auto dealers.  Traditionally retail new and used car dealers have not had to maintain the OSHA 300 injury and illness log and post the annual Summary from February 1 through April 30. Auto Dealers No Longer Partially Exempt The inclusion of auto dealer...
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Test Your Record Keeping Skills (Part 4)

November 13, 2014 08:28
by Tiffani Casey
How did you do last week? Time to brush up on your new cases rules? This week's scenarios assume that the injury or illness is a new case and is work related, focusing on the general OSHA recordkeeping criteria. Are the following incidents recordable? (1) Elliott Electrician is electrocuted while replacing part of an electrical panel for a customer and dies as a result. Is this a recordable incident? (2) Elliott Electrician is electrocuted while replacing part of an electrical panel for a cu...
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Test Your Record Keeping Skills (Part 3)

November 5, 2014 06:02
by Tiffani Casey
How did you do last week? Time to brush up on your work relatedness rules? This week's quiz focuses on new cases. Only new cases of injury or illness must be recorded on the OSHA log. OSHA states that an employer must consider an illness or injury to be a new case if: (1) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or (2) The employee previously experienced a recorded injury or illness of the same type that af...
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OSHA Ergonomic Citations Are Not that Common - Lessons from the Citation Below?

October 30, 2014 05:51
by Howard Mavity
Poultry plant cited for exposing workersto musculoskeletal, other repeat, serious safety and health hazardsOSHA proposes more than $102K in fines for serious, repeat violations   It's not that easy for OSHA to make out citations based on musculoskeletal disorder hazards because OSHA does not have an ergonomic standard.  OSHA will take a shot at certain industries, especially the poultry industry.  Read the OSHA News Release below for an idea of what OSHA looks for when it's on...
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Quotes from EHS Today’s Safety Leadership Conference Session on Construction Company “Leading Indicators

October 29, 2014 09:29
by Howard Mavity
A consistent theme of this year’s EHS Today Safety Leadership Conference, and at every safety conference at which I’ve spoken this year, is everyone’s frustration with relying on recordable injuries to evaluate a contractor’s safety program and culture.  When we focus on injuries, we’re chasing a lagging indicator … we’re not focusing on the things the site does to prevent workplace injuries.  Unfortunately, owner/customers and OSHA have focus...

Test Your Record Keeping Skills (Part 2)

October 29, 2014 08:40
by Tiffani Casey
Welcome back to our recordkeeping series. Hopefully last week's questions made you stop and think about what goes on your logs and what does not. This week continues to focus on work-relatedness and explores some of the more difficult issues on that subject. How would you answer the following questions about work-relatedness?1. In order to develop more business, Stan Salesperson joins a local networking group called Stellar Sales Force. On his way to a networking event Stan is involved in a car...
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Monday, October 27 Ebola Workplace Update

October 27, 2014 03:06
by Howard Mavity
As we expected, the concerns raised by the NYC physician testing positive after returning from aiding West African Ebola sufferers triggered a legal response to more aggressively quarantine certain categories of people rather than waiting until they develop a fever or present other symptoms. New York and New Jersey implemented strict institutional quarantine for individuals returning from providing aide in those countries and applied it to a returning nurse. Over the weekend, the Obama Adminis...
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Monday, October 27 Ebola Workplace Update

October 27, 2014 03:05
by Howard Mavity
  As we expected, the concerns raised by the NYC physician testing positive after returning from aiding West African Ebola sufferers triggered a legal response to more aggressively quarantine certain categories of people rather than waiting until they develop a fever or present other symptoms.  New York and New Jersey implemented strict institutional quarantine for individuals returning from providing aide in those countries and applied it to a returning nurse.   Over the wee...

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