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.

Kentucky OSHA to consider lowering fall protection trigger height

May 2, 2016 03:19
by Todd Logsdon
The Kentucky Occupational Safety and Health Standards Board will consider amending the state's rule, 803 KAR 2:412, at its annual meeting on May 10 at the Galt House Hotel in Louisville, according to the session's agenda.  Currently, Kentucky requires fall protection for residential construction at 10 feet, but is considering changing the trigger height to six (6) feet to adopt the Federal OSHA requirement.

Practical Explanation of EEOC Developments and Cases

April 20, 2016 13:13
by Howard Mavity
Employers have become accustom to the periodic unfounded EEOC charges and may not treat them as seriously as a retaliation claim or litigation.  However, the EEOC continues to change its procedures in ways which makes it more burdensome for employers to respond and may require employers to obtain more legal guidance.  This week a number of EEOC directors told employers that they had been instructed not to grant extensions on responses to charges and the only potential exception was...

Zika Will Be a Bigger Problem than EBOLA

April 18, 2016 15:51
by Howard Mavity
  Based on the U.S. success in containing Ebola last year, we have reaon to believe that should this terrifying disease reappear, the U.S. will minimize its domestic effects.  Moreover research may even come up with better treatments or vaccines.  Thus, I do not blame President Obama for recently shifting money from Ebola prevention and response to Zika.  Ideally, if government were not so bloated, inefficient and driven by entitlement spending, there would be money for both...

Major Changes In Attitudes and Approaches to Workplace Violence Prevention

April 16, 2016 07:15
by Howard Mavity
We just completed the second of two Fisher & Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals.  We solicited questions and concerns from employers and used the panel discussions and preparation to develop more effective practices to prevent and respond to workplace violence.  (March 29 archived webinar part 1)   Although interest spikes after every mass...


Is OSHA Improperly Expanding the Scope of its Inspections?

April 11, 2016 00:45
by Travis Vance
2015 brought more changes to the OSHA enforcement landscape than we’ve seen in the last 30 years. A judge’s ruling in December that Fed-OSHA could seek abatement of alleged hazards at every location operated by an employer, even if OSHA had never inspected those sites, surprised us all. See our previous article on Sec. of Labor v. Central Transport, LLC. The Central Transport, LLC ruling is part of what appears to be Fed-OSHA’s attempt to expand its enforcement reach even thou...

Workplace Violence In The News: How To Respond If A Worker Is Served With A Restraining Order

March 29, 2016 08:48
by Travis Vance  & Howard Mavity
After yet another incident of workplace violence in the news, we have to consider that any employee served with a restraining order should be treated as a reason to take workplace security precautions. The shooter in the most recent workplace mass shooting, which took place in Kansas in late February 2016, started his shooting spree immediately after he was served with a restraining order while at the workplace. It is unknown whether the shooter had issues at work, or if the restraining order tr...


A Fast and Furious Safety, Labor and HR Update - Issue 1

March 26, 2016 07:38
by Howard Mavity
  A New Approach to My Posts   Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards.  I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks!  However, I often read an article or have an experience which merits discussion, but I don’t have the time to prepare my preferred detailed analysis.   So, this Post is my first effort to alert you to a number of important issues and...

Goodbye Carrot, So Long Stick…Hello Club!

March 16, 2016 01:55
by Todd Logsdon  & Chantell C. Foley
Increased emphasis by OSHA on Criminal Prosecutions


Could OSHA Shut Down a Violent Donald Trump Rally?

March 15, 2016 07:15
by Travis Vance
An otherwise entertaining and unique election cycle took a violent turn Friday night. Angry protestors stormed a planned Donald Trump rally at a convention center in Chicago, inciting violence amongst attendees with several insults yelled and many punches thrown. The protesting spilled over into the street outside the arena, where many protestors were restrained by police for violent behavior. Fearing for the safety of his campaign workers and supporters under these circumstances, Trump cancelle...

Some Agreement at the ABA OSHA Midwinter Meetings about Reporting Severe Injuries – and a Few Lessons and Changes

March 10, 2016 04:36
by Howard Mavity
It may be more entertaining to describe heated disagreement between employers, OSHA and unions, but areas of tacit agreement are more significant, at least when it comes to guaranteeing worker safety. OSHA has limited resources and needs data to effectively target the use of those resources, so attendees were generally positive about the results of the first year of the Severe Injury Reporting requirements, 1904.39. Better use of data to focus inspections is good. OSHA was pleased that man...



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