The National Labor Relations Act guarantees employees the right to engage in protected concerted activity, meaning two or more employees objecting to terms and conditions of employment. Most recent concerted activity cases...more
Employee falls and other construction hazards continue as a primary source of North Carolina workplace injuries and deaths. Several years ago, North Carolina OSHA increased its citation of general contractors for unsafe work...more
5/22/2019
/ Citations ,
Construction Accidents ,
Construction Industry ,
Construction Site ,
General Contractors ,
OSHA ,
Safety Violations ,
Subcontractors ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Under the Occupational Safety and Health Act, companies are responsible for preventing their employees from being exposed to safety violations. For years, OSHA has also asserted that a company can be held responsible for...more
At the end of each federal fiscal year, the Occupational Safety and Health Administration releases a list of the 10 most frequently cited safety standards violations. This year’s list was issued on October 23 and contains the...more
Occupational Safety and Health Administration workplace inspections are often triggered by an employee injury or complaint. In such circumstances, OSHA rules only permit the inspector to investigate the workplace safety...more
10/17/2018
/ Chemicals ,
Corporate Counsel ,
Employer Liability Issues ,
Hazardous Substances ,
Manufacturers ,
Motions to Quash ,
OSHA ,
Probable Cause ,
Safety Inspections ,
Search Warrant ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more
Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more
4/11/2018
/ Administrative Law Judge (ALJ) ,
Appeals ,
Civil Monetary Penalty ,
Criminal Prosecution ,
Employer Liability Issues ,
OSHA ,
Personal Knowledge ,
Reaffirmation ,
Reckless Disregard ,
Supervisors ,
Willful Violations ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
On December 7, the federal Occupational Safety and Health Administration (OSHA) issued a Request for Information (RFI) seeking public input for a possible future safety standard intended to reduce employee exposure to...more
In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more
7/26/2016
/ Anti-Retaliation Provisions ,
Drug Testing ,
Employer Liability Issues ,
Final Rules ,
Incentives ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Time Extensions ,
Workplace Injury ,
Workplace Safety
How should Human Resources respond to the following scenario?: An employee reports that she recently separated from her husband and obtained a domestic violence restraining order. Several co-workers approach HR to report that...more
The recent federal budget compromise contains a potentially nasty surprise for some employers. The new law allows the Occupational Safety and Health Administration, among other federal agencies, to increase civil penalties...more
The Americans with Disabilities Act prohibits employers from discriminating against a qualified person with a disability, or refusing to provide that person with a reasonable accommodation that would allow them to perform the...more