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 Endless December of Activist Government - Yet More OSHA Recordkeeping Changes

December 19, 2014 23:00
by Howard Mavity
Wow.  In 30 years of practice, I've never seen so many expansive government moves, and certainly I've never seen more changes made by fiat rather than through the legislative or rulemaking processes.  First the January 2015 Recordkeeping changes were announced, and then NLRB change, after change, after change.  And there's a week and a half left!  One's perspective of naughty or nice varies according to whether one is an employer or union or appointed official, but I'm t...

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Is Union Free The Proper Goal for Your Culture?

December 12, 2014 08:13
by Howard Mavity
This week’s NLRB Purple Communications decision about employee emails combine with today’s announcement by the NLRB of the so-called “quickie elections” process (Blog Post), is going to stir up employers. You should expect a bevy of marketing communications trying to sell you seminars and packages on how to remain “union free.”  I want to pose a bit of a contrarian idea. Why would an employer focus on being “union free?”  Do you devi...

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Southeastern Auto Industry In OSHA's Sights?

December 10, 2014 08:37
by Howard Mavity
  Southeastern auto parts manufacturers need to stay on their toes.  OSHA Region IV just announced $68,000 in citations against an Alabama metal stamping company that supplies oil pans, covers and parts for the auto industry.  OSHA’s official press release emphasizes that the inspection was initiated as part of Region IV’s Emphasis Program for Safety Hazards in the Auto Parts Industry.  We have discussed this Emphasis Program before and recommend that you check o...

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Southeastern Auto Industry In OSHA's Sights?

December 10, 2014 08:29
by Howard Mavity
  Southeastern auto parts manufacturers need to stay on their toes.  OSHA Region IV just announced $68,000 in citations against an Alabama metal stamping company that supplies oil pans, covers and parts for the auto industry.  OSHA’s official press release emphasizes that the inspection was initiated as part of Region IV’s Emphasis Program for Safety Hazards in the Auto Parts Industry.  We have discussed this Emphasis Program before and recommend that you check o...

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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