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.

My Real Worries about OSHA’s Proposed Final Recordkeeping Rule

September 20, 2014 09:42
by Howard Mavity
Let’s be honest.  Many of us object to any expansion of OSHA workplace injury recordkeeping because it’s burdensome, doesn’t help develop a safety culture, and we expect the Administration to misuse the data.  That said, there are some good aspects of OSHA’s proposed Final Rule, and some of the worry is unfounded. Auto Dealers Should Relax. Our first client back in the 1940s was an auto dealer, so we at Fisher & Phillips are fond of and track the...

OSHA Issues Final Rule on Recorkeeping/Reporting Requirements

September 12, 2014 03:18
by Todd Logsdon
OSHA issued its final rule on Recordkeeping and Reporting Requirements on September 11, 2014, to take effect on January 1, 2015.  Changes include new requirements to report amputations, loss of an eye, and hospitalizations of one (1) or more employees within 24 hours.  Federal OSHA did not previously require the reporting of amputations or loss of an eye and did not require reporting of employee hospitalizations unless three (3) employees were hospitalized as a result of a single ...
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Sixth Circuit Punts on MSHA’s New POV Rule

September 9, 2014 05:13
by Alexa Miller
In a recent decision, the U.S. Court of Appeals for the Sixth Circuit dismissed the mining industry’s challenge to the Mine Safety and Health Administration’s (“MSHA”) recently revised pattern of violations (“POV”) rule concluding that the Court lacked authority to hear the claim. POV Background Under the Mine Act, MSHA has the power to issue a POV notice to mine operators of mines that have demonstrated a recurring pattern of significant and substanti...
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Talk versus Email: Avoiding Legal Problems

August 29, 2014 10:14
by Howard Mavity
Electronic communications are a mixed blessing.  Business is more efficient and new ways of commerce continue to open.  However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions.  From a legal standpoint, electronic communications, and especially e-mails, not only create damaging evidence but may even contribute to legal claims. The Role of E-mails in Business E-mails and increasingly text messaging allow us t...

MSHA Continues Impact Inspections

August 29, 2014 08:07
by Matthew Korn
  MSHA recently released the results of the July 2014 impact inspections. Over the past several years, MSHA has conducted impact inspections at Coal and M/NM mines that involve several inspectors and usually result in a large number of citations. Mines are selected for impact inspections based on several criteria, including hazard complaints, plan compliance issues, workplace examination citations, accidents, injuries, and illnesses, and enforcement history. You should carefully monitor t...
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Warren Bennis: A Business Leader for All Seasons

August 14, 2014 11:59
by Howard Mavity
  I love reading the Economist and they justified my appreciation with an August 9 Obituary on Warren Bennis, who they rightly described as “the world’s most important thinker on the subject that business leaders care about more than any other: themselves.” I cannot do a better job than this article in describing this thoughtful and ethical man’s contributions to business theory, to leadership and to the question of “what things matter the most?&r...

OSHA Concerns When Buying Or Building Office Or Retail Space

August 12, 2014 10:44
by Howard Mavity
Location and price generally control office-space decisions. Even if you construct a new building or do extensive build-out, you probably have not devoted much consideration to whether your new space meets OSHA requirements.  It’s an office, after all – not a manufacturing plant or refinery. So you rely on your builder or landlord for that. You figure that they’re well-regarded contractors and developers, so presumably they adhered to OSHA requirements along with lo...
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OSHA & FMCSA Agree to Exchange Info, Referrals

August 5, 2014 07:28
by Todd Logsdon  & Megan U'Sellis
Occupational Safety and Health Administration and Federal Motor Carrier Safety Administration Sign Memorandum of Understanding Improving Safeguards for Drivers of Commercial Motor Vehicles From Retaliation and Coercion By Todd Logsdon & Megan U'Sellis The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently signed a Memorandum of Understanding to &...
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