On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should … Continue Reading
On Oct. 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum (the Memorandum) clarifying its position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit employers from instituting workplace safety incentive programs or post-incident drug testing. OSHA stated that to the extent any of their other OSHA interpretive documents conflicted with the Memorandum, … Continue Reading
On Oct. 1, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new Regional Emphasis Program (REP) to address hazards from exposure to fertilizer-grade ammonium nitrate (FGAN) and agricultural anhydrous ammonia. The REP will be effective in the states of Arkansas, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, and Texas. It is aimed at … Continue Reading
On Feb. 8, 2017, the California Supreme Court ruled that California law allows local prosecutors to pursue civil penalties against employers accused of workplace-safety violations under California’s Occupational Safety and Health Act (Cal OSHA). Solus Indus. Innovations, LLC v. Superior Court, No. S222314, 2018 WL 771814 (Cal. Feb. 8, 2018). This means that California employers … Continue Reading
Hey employer, remember that workplace injury that you reported to OSHA a few months ago? You remember, right? The one where after you gave OSHA information about the workplace injury, like the root cause of the incident, and a few days later OSHA informed you that it considered the matter “closed.” Well guess what? OSHA … Continue Reading
Employers, do your safety policies and procedures require employees to immediately report their injuries? Do you discipline employees for failing to follow your safety policies and procedures? Most employers with safety programs in place probably answered “yes” to both of those questions and probably believe that both of those propositions are central to managing their … Continue Reading
On May 15, 2013, the Equal Employment Opportunity Commission (“EEOC”) issued revised guidance for employers with respect to employees with epilepsy, cancer, diabetes, and intellectual disabilities. The guidance is contained in the EEOC publication “Disability Discrimination: The Questions and Answers Series,” and is posted on the EEOC’s website, http://www.eeoc.gov/laws/types/disability.cfm. The recommendations address the expanded definitions … Continue Reading
With a greater concentration of resources being placed on eliminating bullying at school and incorporation of anti-bullying themes in television shows, it should be no surprise that attention is being focused on bullying in the workplace. In a 2010 survey by the Workplace Bullying Institute, 35 percent of the American workforce reported being bullied at work. Bullying occurs at all levels within an organization and can originate from both men and women.… Continue Reading
We have been following actions taken by the National Labor Relations Board (“NLRB”) in the emerging world of social media (Social Media Posts and Concerted Activity). In an effort to offer guidance to employers about developments arising in the context of social media, the NLRB’s Acting General Counsel issued a report discussing the Board’s positions … Continue Reading
