ARTBA Joins Legal Challenge to OSHA Walkaround Rule https://bit.ly/3Y4AApP
American Road & Transportation Builders Association (ARTBA)’s Post
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The new OSHA walkaround representative rule has finally been released. Small "clarification" to a procedural rule but with possibly massive implications It explicitly lets an OSHA inspector allow an employee representative join the walkthrough who is not an employee of your business. This could even include non-employee union organizers or reps of an unrecognized union or other strangers to your business who may have no legal right to be present at your worksite. Keep in mind this does NOT change common law property rights at your worksite to exclude those without a lawful right to be there, nor diminish your Fourth Amendment right to refuse a search without a warrant, which is how a compliance officer acquires a lawful right to be there (absent your consent). A magistrate or judge being asked to provide a warrant-based entry for not just a compliance officer, but also a non-employee third party based on this rule will most likely not do so (at least in Virginia where circuit judges are involved with this) Contact me if your business needs more guidance on this in application to particular situations you may face, as it is complex, implicating your NLRA obligations as well
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OSHA Amendment 2022 Hello #linkedin, Finally, the date for OSHA Amendment 2022 comes into operation announced. It will be starting 1st June 2024. Time to update your legal register 😬 #osha #safety #safetyprofessional #ehsprofessional
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Huge issue. #enforcebleundertakings are very fashionable! But are they good or the emperors new clothes ? Shiny objects are often not valuable! In this case they often cost more and expose officers and the business to massive risks, particularly if they relate to a risk that is nearly impossible to fully control! Really looking forward to drawing upon Nina Hoang wisdom #fridayworkplacebriefing #safetylaw #risk
The Regulators have demonstrated the desire to offer undertakings in serious contraventions of safety law where there have been high consequences. At our next Friday Workplace Briefing, Andrew and Nina will be going through the risks versus rewards around enforceable undertakings. Register to watch at: https://lnkd.in/gHcfkECK #fridayworkplacebriefing #workplacelaw #safetylaw #enforceableundertakings
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On Thursday, Principals Jayni Lanham and Kaitlyn Shannon will review key OSHA developments from 2023 and look forward to what employers might expect in 2024. Participants can expect to learn about recent and anticipated rulemaking and policy developments, enforcement and civil penalty trends, key judicial decisions, State Plan developments, and practical tips for employers as they begin the new year. #TheEnvironmentalLawFirm #OSHA #Enforcement
OSHA: Look Back at 2023 and What to Expect in 2024 | 2024 Occupational Safety and Health Webinar Series | Beveridge & Diamond
bdlaw.com
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ICYMI: OSHA is increasing penalty amounts again for 2024. #costs of citations are going up. Reach out to me to find out how this could impact you! #osha #safety #ezsafety #citations
OSHA civil penalty amounts adjusted for 2024
content.govdelivery.com
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Have a plan in place for your #business BEFORE a chaotic event, like a serious injury or fatality, happens at your worksite and OSHA arrives on the scene. Join my colleague Ian McNeill this Thursday as he presents helpful tips on protecting your business during #litigation with OSHA.
Protect your business from citations and litigation. Have a plan in place BEFORE a chaotic event, like a serious injury or fatality, happens at your worksite and OSHA arrives on the scene. 💻 FREE Webinar: How to Handle an OSHA Inspection Thursday, October 26 @ 12 p.m. CT OSHA Defense Attorney Ian McNeill will review how to report an injury and protect your business from citations and litigation before, during, and after an OSHA inspection: ✔️ How to prepare for an OSHA inspection ✔️ Which injuries do you report after an accident? ✔️ Which employer reports on a multi-employer worksite? ✔️ What to expect in the next 24 hours ✔️ How to handle the inspection ✔️ Bonus Q&A: Ian will answer your OSHA questions following his presentation. Registration is free; simply click the link below or scan the QR code with your mobile phone. https://ow.ly/k9k750PWeHR #OSHAdefense #EHS #workplacesafety
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If a worker gets hurt on the job, you need to report it to OSHA—or do you? The answer isn’t always clear cut, and there are implications for both underreporting and overreporting to OSHA, explains J. Micah Dickie of Fisher Phillips. #Law #EmploymentLaw #Legal #WorkersCompensation #OSHA #Compliance #WorkplaceSafety #Safety #EHSToday
SLC 2024 Preview: Understanding OSHA’s Injury and Illness Recordkeeping Requirements
ehstoday.com
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Why Wednesday?! The IDC recently filed an amicus brief in the Martin v. Goodrich Corporation, et al. case that will be heard by the Illinois Supreme Court. At issue is an exception to the Illinois Workers’ Compensation Diseases Act (“the ODA”), enacted by the Illinois General Assembly under 820 ILCS 310/1.1. This exception, in part, states “As to any such occupational disease, the employee the employee’s heirs, and any person having standing under the law to bring a civil action at law, including an action for wrongful death…has the nonwaivable right to bring such an action against any employer or employers.” How do you believe the Illinois Supreme Court will rule on this issue? If a decision favorable to defendants is issued, how will this impact asbestos litigation in Illinois going forward? #WhyWednesday #IDCLaw #ToxicTort #ToxicTortLitigation
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OSHA and employment lawyer | helps employers avoid or minimize OSHA citations (200+ fatalities) | strategic management of employment law compliance and litigation | Board Certified | Client Service All-Star (BTI)
What do crime shows like Law & Order tell as about what OSHA can legally do or not do during an inspection? Police must read the Miranda rights to someone in their custody they are about to interrogate. This comes from a SCOTUS decision in which the Court established that a pre-custodial interrogation is required by the rights under the 5th and 6th Amendments. One aspect of the warning is the right to remain silent because anything said can and will be used in a court of law. So, why doesn't OSHA have to do the same thing - warn employers they have a right to remain silent? Or, advise them of any other rights they may have under the law? The simplest explanation is that employers are not in police custody. They are not being arrested. Although there is the possibility for criminal charges under the OSH Act (albeit very limited), OSHA does not arrest anyone or place them into custody. But, doesn't an OSHA investigation feel like an interrogation? And isn't it also true that anything an employer's management witnesses (and even non-management in some cases) say can and will be used against the employer in legal proceedings? Yes, indeed. But, you won't be getting any Miranda warnings from the CSHO when OSHA shows up. So, what's an employer to do? Know your rights and responsibilities and know what OSHA can and cannot do under the law. Hold the agency accountable to the law. And make sure your team, including supervisors and job site management, are well trained about what do to if OSHA shows up. #osha #oshalaw #oshacompliance #oshatraining #odworkplacesafety
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OSHA compliance issues at your workplace? Know your rights and let us help you address any violations. Our team can guide you through the process and ensure your safety. Contact us at: 📧 snrlaw@scottnrobertslaw.com 📞 860.446.2077 #personalinjury #compensationlawyer #lawfirm
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