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HTMLWhat's Next for Incentive Programs under OSHA's Draft Safety and Health Program Management Guidelines?
Lawrence P. Halprin, Cressinda D. Schlag; Keller and Heckman LLP;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
On Thursday, March 10, 2016, OSHA held a public meeting to discuss its draft Safety and Health Program Management Guidelines (Guidelines). Most of the meeting was devoted to a discussion of the written comments received in the 90-day comment period, with a focus on areas that raised stakeholder...


HTMLNew OSHA Focus on Healthcare Industry
Jason C. Taylor; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 30, 2015
Periodically, the Occupational Health and Safety Administration (OSHA) will issue updated guidance to it investigators to focus on what it considers key employee risks. On June 25, 2015, OSHA issued a memorandum, located at...


HTMLUnions Unleash Safety Attacks on Fast Food Restaurants
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
March 25, 2015, previously published on March 17, 2015
Yesterday was one of those occasions when I wish that my predictions had been inaccurate. I have speculated that the SEIU and other unions harassing fast food restaurants would eventually add mass OSHA complaints to their joint employer, discrimination, living wage, and other attacks. Yesterday,...


HTMLAlberta Government Invites Feedback on Proposed Changes to Occupational Health and Safety Code
Justin Turc, Shana Wolch; McCarthy Tétrault LLP;
Legal Alert/Article
November 15, 2014, previously published on November 4, 2014
The Code applies to most employers in Alberta. Over the last few years, the Government of Alberta has conducted a review of the Code and solicited feedback on areas in want of revision.


HTMLEbola in Retail Establishments? How to Prepare
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2014, previously published on October 21, 2014
News sources recently reported that one of the Dallas nurses infected with the Ebola virus visited a retail establishment before boarding a plane from Cleveland to Dallas. Since then, retailers and customers have been concerned about Ebola in the retail environment.


HTMLElectronic Recordkeeping: OSHA Manages to Make a Bad Proposal Even Worse
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
In November 2013, the Occupational Safety and Health Administration (OSHA) proposed regulations requiring employers to submit injury and illness data electronically, rather than maintain paper OSHA Form 300 logs of work-related injuries and illnesses and Form 301 injury and illness incident...


HTMLPhoenix Firms Rising Out of the Ashes of Health and Safety Cases
Anne Davies; Withers Bergman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 10, 2014
This case is notable for the way in which the court approached the sentencing of a company and its director, where it appeared that a phoenix firm was likely to arise. It suggests a possible new approach from the court when dealing with so-called ‘phoenix’ firms in health and safety...


HTMLSome Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda
Hera S. Arsen, Harold P. Coxson, Dara L. DeHaven, Alfred B. Robinson, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 6, 2014
On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity. They show the status of...


HTMLOSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims
Melissa A. Bailey, John S. Bolesta, Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 28, 2014
In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to inspect a nonunion worksite. On May 21, OSHA increased its emphasis on ...


HTMLSupporting the Troy and Alana Pack Patient Safety Act
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
May 2, 2014, previously published on April 25, 2014
Medical malpractice in the United States is a much bigger problem than most citizens are aware of. While in 1984 it was estimated that 98,000 Americans per year died from medical errors, today that number is somewhere between 200,000 and 400,000. Even more patients suffer through the negligence and...


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