News

Karen Karabinos’ article “The Debate Involving Depreciation of Labor Costs Continues” featured in DRI’s The Voice September newsletter, dives into the continuous discussion on whether labor costs can be depreciable when calculating actual cash value of property damage. The article focuses around Lammert v. Auto-Owners Insurance Company, in which Auto-Owners depreciated the cost of labor when calculating actual cash value of a damage claim made by the Lammert family.  “While the parties in Lammert agreed that the proper method of calculating actual cash value is the replacement cost less depreciation, the parties disputed whether depreciation applied to both materials and labor. ... Continue Reading

Coming in at number 2 on the OSHA top Ten Citation list is Hazard communication (29 CFR 1910.1200) with 3,671 violations. Hazard Communication has a variety of areas that can lend themselves to citations.  Some of the key aspects of the Hazard Communication Standard are: A Written Hazard Communication Program is developed, implemented and maintained and employees are trained on the programChemicals are properly classifiedChemicals are properly labeledChemical labels are not removed or defacedInformation concerning the hazards is transmitted to employees.  (GHS Labeling Standards)Creation and maintenance of Safety Data Sheets and access by employees to Safety Data ... Continue Reading

Last week OSHA released the preliminary numbers for the top ten violations.  The data includes violations from October 1, 2018-August 31, 2019 and is not final, but most likely will resemble the final numbers.  I am going to take the top ten violations, one each post and address some issues and best practices in an effort to help employers reduce these violations. The most cited violation was, as it has been for several years, Fall Protection(construction) under the general requirements of 29 C.F.R. 1926.501.  Fall Protections in construction resulted in over 6000 citations, almost double the second most cited standard.  Residential single-family housing contractors, ... Continue Reading

I continuously check the OSHA news releases to keep up to speed on OSHA policies, procedures and enforcement.  One recent release caught my attention based on one of my prior posts about whistleblower enforcement by OSHA. Just further proof that OSHA takes protecting workers and their jobs seriously when it comes to safety.  This employer learned this fact to the tune of $1,047,399 in lost wages and punitive damages. The full OSHA release can be found below. Full OSHA Release ... Continue Reading

Attorneys Rob Welch and Juliana Neelbauer attended the OnePath Cybersecurity Breakfast as legal experts at breakout sessions. Juliana spoke on the panel at the breakfast as well. The audience consisted of business executives in private equity, insurance, healthcare, economic development, and financing. ... Continue Reading

With Hurricane Dorian closing in on the US coast and based on the number of utility vehicles I have seen heading south on I-75 to aid in recovery efforts,  it is important to protect those individuals who are bravely taking on hurricane recovery efforts and exposing themselves to the unique and extensive set of risks those efforts encounter.  Luckily OSHA and some other governmental agencies, EPA and FEMA in particular, have taken steps to help individuals involved in recovery efforts be aware of and deal with potential risks involved. OSHA identifies best practices that can be followed while performing recovery efforts. Best practices include: An evaluation of the ... Continue Reading

Attorneys Dan Kniffen and Megan Noble are presenting at the Gwinnett Chamber's 2019 Employment Law Seminar. This seminar is to educate businesses on why it is important to be proactive and stay compliant with the current labor and employment laws. Dan will be presenting on  the topic of "The Best Defense is a Good Offense: Winning at Employment Law," and Megan will be covering, "You Got Served: Avoiding Pitfalls During EEOC Investigations and Litigation." The seminar takes place at the John Maxwell Leadership Center at 12Stone Church in Duluth, Georgia on September 19th from 7:30am-3:30pm.  Register Now ... Continue Reading

Below is the chart of current OSHA maximum penalties per violation so you can see the potential cost of citations. Below is the chart of current OSHA maximum penalties per violation so you can see the potential cost of citations. Type of Violation Penalty Serious Other-Than-Serious Posting Requirements$13,260 per violation Failure to Abate $13,260 per day beyond the abatement date Willful or Repeated$132,598 per violation As of January 23, 2019 these are the maximum OSHA penalty amounts. Mr. Brunetz has experience working as an outside general counsel for a technology company assisting the company in negotiating and finalizing NDAs, SaaS agreements and technology development ... Continue Reading

What is it? The Form 300 is where employers record all reportable workplace injuries and illnesses What information is needed for the log? All reportable injuries and illnesses that occur in the workplace, where and when they occur, the nature of the case, the name and job title of the employee injured or made sick, and the number of days away from work or on restricted or light duty, if any. What types of injuries and illnesses should be included? DeathsDays away from workRestricted work or transfer to another jobMedical treatment beyond first aidLoss of consciousnessA significant injury or illness diagnosed by a physician or other licensed health care professional. How ... Continue Reading