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.

Two Webinar Opportunities

July 21, 2014 10:16
by Howard Mavity
Opportunity #1  “Live From the AGC National Safety Committee Meetings In Portland” (recorded 7/17/14 in Portland) You may access this recorded webinar from last Thursday where industry experts thoughtfully  discussed staffing and recruitment challenges, training, cranes, and a host of other safety and labor issues.  Not as good as being at the AGC meetings (hint), but a  more candid and nuanced discussion than generally available from a webinar or audio presentat...
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Tired Of Playing Catch-Up In Employment Law Matters?

July 17, 2014 17:30
by Howard Mavity
Until they receive an inspection, suit or citations many employers didn’t know they had problems or that current or former management dropped the ball. I realize that “to err is human,” but I’d rather see clients fix problems before OSHA comes on site or a union tries to organize employees. They save money and I feel as if maybe my preventive assistance helped. We all want to avoid headlines like the one I saw yesterday, “GM executive is the latest to see the ligh...
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Q & A of Safety Professionals Attending July 17 AGC Safety Committee Meeting

July 15, 2014 06:13
by Howard Mavity
Live From The AGC Of America National Safety Committee Meeting   Join us for a Webinar on July 17     Space is limited. Reserve your Webinar seat now   Howard Mavity will host three nationally regarded safety professionals to discuss concerns and lessons gleaned from the July 16 through 18 AGC ...
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Job Safety and Risk Factors In Construction

July 10, 2014 10:52
by Howard Mavity
Managing construction safety risks requires more than recognizing the most frequently cited OSHA standards or focusing on reducing the experience modification rate (EMR) and injury and illness rates.  As a starting point, risk professionals should divide their efforts into two separate (and not always related) categories: •risk as a direct safety issue; and•risk as a monetary issue.Frustratingly, efforts to comply with OSHA standards may not meaningfully affect workplace injuri...
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Let's Talk Forklift Safety

June 23, 2014 08:48
by Howard Mavity
I saw some really good posts on forklift safety last week and want to share them below.  Much like fall-protection and struck-bys in construction, the distribution and manufacturing employer cannot focus too much on forklift and pallet jack safety and compliance.  Although related, strict compliance with the OSHA standards will not guarantee no accidents and well trained operators will not protect one from citations for missing a daily inspection, inadequate evaluation of an operator f...

Have You Implemented A Workplace Anti-Bullying Policy?

June 5, 2014 11:47
by Howard Mavity
Workplace and school violence events have contributed to our increasing national conversation about “bullying.”  Recently, NPR quoted a Zogby poll in which more than a quarter of American workers reported that they have experienced abusive conduct at work. 64% of respondents to a Monster Global Poll felt that they had been “bullied, either physically hurt, driven to tears, or had their work performance harmed.”  Legislation is pending in a number of states and t...

Are You Prepared For Third Party Attacks Using Safety?

May 30, 2014 03:53
by Howard Mavity
Preparing For Union Embarrassment Tactics The areas of labor, employment, and safety exposure which present very real threats to the distribution industry. There are several reasons for this increased focus on these types of business: ■Distribution is a huge market for plaintiff lawyers who want business, unions who need members, and government agencies seeking to be relevant in the new workplace.■The Administration and third party groups such as “Occupy Wall Street” spin offs, are...
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There’s A Lot Of Confusion About The Use Of Privilege

May 26, 2014 02:03
by Howard Mavity
At the end of the May 12th ASSE-Georgia’s Health and Safety Professional’s Conference, we had 30 minutes of spontaneous Q&A about the use of Attorney Client Privilege and Work Product Protection for safety audits and accident investigations.   Even sophisticated employers remain confused about when and how to use the protections afforded by Attorney Client Privilege and the Work Product Doctrine.  Employers may believe that simply sending an audit to their counsel ...

Union Calls For May 15 Fast Food Workers Strike In 26 Countries

May 9, 2014 08:52
by Howard Mavity
Fast food workers are difficult targets for union organizing efforts, but its simply too large a market for unions to ignore.  Moreover, the fast food industry is an easy target for demands for a “living wage” and attacks on the use of temporary or part-time employees. (expect to see these themes more and more as elections approach).  Beginning in 2012, we saw protests in as many as 100 cities.   The protests, combined with other efforts, have resulted in a great ...

Fast Food restaurants Should Expect More Union Harassment

May 8, 2014 10:22
by Howard Mavity
I question whether the union’s strategy of publicly embarrassing restaurants in front of customers will bring in members, but it is clear that unions are going to increase their public attacks.  So I was not surprised to read the following headline on CNN Money Today, “Fast Food Workers Strikes Planned In 150 Cities.”  You may recall that beginning in 2012, union driven protests demanding a “living wage” occurred in approximately 100 cities, including Bo...

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