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HTMLThird Circuit Finds MSHA Jurisdiction Governs Pennsylvania Coal Preparation Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety...

 

HTMLKeep Your (Employees) Cool This Summer
Shayna H. Balch; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
Last year, some parts of the country experienced the hottest summer on record. This year may well be record breaking as well, at least in some parts of the country. Keeping employees safe and cool during the next four months should be of paramount importance for all business owners and employers.

 

HTMLIf You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On May 22, the Occupational Safety and Health Administration (OSHA) announced that it was bringing back its heat illness prevention campaign for the fourth straight year. The campaign primarily targets industries with workers exposed to the heat, such as agriculture, construction, landscape...

 

HTMLEleventh Circuit Upholds Osha Violations Where Falling Clay Crushed Employee in Borrow Pit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
The Eleventh Circuit denied a company’s petition for review of an OSHA general duty clause citation issued after falling clay crushed an employee working in a “borrow pit.” When OSHA issues a general duty clause citation, OSHA must establish four elements: 1) that a condition or...

 

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...

 

HTMLOlivet Management Facing $2.3 Million in OSHA Fines For Asbestos Exposure
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
May 2, 2014, previously published on April 23, 2014
When fighting in court, many employers will argue that they were not aware of the dangers of asbestos at the time their workers were exposed to the substance. The National Toxicity Program declared asbestos a known human carcinogen in 1987, meaning that, today, no one can deny knowing that asbestos...

 

HTMLWorkplace Harassment Investigations - Getting It Right
Anne-Marie Naccarato; Cassels Brock & Blackwell LLP;
Legal Alert/Article
April 16, 2014, previously published on April 4, 2014
Employers in Canada have a legal obligation to conduct an investigation into an employee’s complaint of workplace harassment and failing to do so can result in legal liability. The following outlines some of our general recommendations on best practices to approaching workplace investigations.

 

HTMLList Provided of Machinery, Equipment and Materials Subject to Labour Safety Requirements
Mai Phuong Nguyen, Thi Mai Nguyen; Mayer Brown JSM Vietnam Limited;
Legal Alert/Article
April 4, 2014, previously published on April 3, 2014
To provide guidelines on the provisions on labour safety of the Labour Code, which came into force on 1 May 2013, the Ministry of Labour, Invalids and Social Affairs issued Circular No. 05/2014/TT-BLDTBXH (Circular 05) on 6 March 2014, promulgating the list of machinery, equipment and materials...

 


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