Publications & Presentations

Here are a few suggestions and things you might consider having in place should OSHA show up. 1.  Who is going to interact with OSHA?  2.  Is that same person going to coordinate the OSHA investigation and inspection?  3.  Should that person be your safety director?   4.  Would having your OSHA attorney involved in the inspection be beneficial?  5.  What if that person is on vacation or out of the office?   6.  Do you have a back-up? 7.  Where are the documents OSHA will likely want to review located?   8.  Can you easily access your OSHA logs, your safety program, your training ... Continue Reading

I am often asked when a work-related injury needs to be recorded on an employer's 300 log under OSHA regulations, and often find that the reporting requirement for serious injuries is sometimes misunderstood or completely missed.  Remember that for serious injuries, an employer must report to OSHA, not just record the injury in its log.   Employers must report any worker fatality within 8 hours and any amputation, loss of an eye, or in-patient hospitalization of a worker within 24 hours.  Not sure what qualifies as an amputation or a hospitalization?  Check out the link below to the OSHA FAQs for answers to these and other common reporting questions. Reporting can be done by ... Continue Reading

"Douglas Burrell, an Atlanta-based partner with Drew Eckl & Farnham and president-elect of the Defense Research Institute (DRI), an organization representing civil defense lawyers and in-house counsel, said diverse mediators can break through cultural differences to aid the resolution of cases... Stalled mediations due to cultural misunderstandings can result in increased claim costs. 'Sometimes, there are subtle cultural clues that people wouldn’t pick up unless you are from that culture,' said Burrell."Carrier Management, Douglas Burrell Partner and Co-Chair of Drew Eckl & Farnham's Diversity Committee, Douglas Burrell, was recently featured in an article published by Carrier ... Continue Reading

Hurricane season has started and injuries are often the unfortunate result of the cleanup of storm-related damages .  A recent alert came across my desk regarding potential hazards associated with cleanup, and I took a particular interest in the comments about using portable generators.  Remember the potential hazards that can result from the use of portable generators.  In order to keep yourself and other cleanup operators safe, remember: 1. DO NOT use generators indoors2. DO inspect your generator before use, including fuel lines3. DO keep your generator away from doors, windows, or vents that can allow fumes into a structure4. DO start your generator before connecting ... Continue Reading

"For the last few years, people have asked me 'why?' Why did I decide to get involved with the Young Lawyers Division of the State Bar of Georgia? Why do I voluntarily choose to write and edit briefs, for free, as chair of the Georgia Defense Lawyers Association’s Amicus Committee? Why do I serve on various committees within my law firm? Is work not exhausting enough? While I can assure you that work is, indeed, exhausting, it is the non-billable work that embodies who I am as a lawyer. "Elissa Haynes "The Path to Leadership: Finding Your 'Why'," written by Elissa Haynes was recently published to the August edition of the Georgia Bar Journal. In her article, Haynes describes the ... Continue Reading

How should employers deal with a heat wave and heat illness? Employers must acclimatize workers to increases in heat.  How do you do that?  Have a plan in place and in practice to gradually increase employee exposure to hot conditions.  The plan can include action steps such as reduced work hours, extra breaks, reducing the strenuousness of the work etc.  A plan can limit the amount of work employees perform each day to gradually increase the workload in hot conditions.  OSHA suggests starting at a 20% workload for the first day and increasing 20% each day until workers are acclimatized to the heat.  The plan can also take into ... Continue Reading

Drew Eckl & Farnham Partner Elissa Haynes was recently featured in a Law360 article, Georgia's Biggest Appellate Rulings of 2021 So Far. Haynes, who is the Chair of the firm's Appellate Practice Group, shared insights on how these rulings have potential to impact future cases. "Georgia attorneys' reactions to the new rule seem to be mixed, though most agree litigants should not be allowed to sit quietly through closing arguments and then object for the first time on appeal, said Elissa Haynes, an appellate attorney and partner at Drew Eckl & Farnham LLP. 'It gives clarity,' she said. 'I think it's going to result in more people being careful about writing motions in limine, ... Continue Reading