On Monday, September 20th, the White House announced they are "launching a coordinated, interagency effort to respond to extreme heat that threatens the lives and livelihoods of Americans, especially workers, children, and seniors. While climate-related disasters like hurricanes, wildfires, and floods produce dramatic images of devastation, extreme heat often takes place out of sight and out of the views." Below, DEF attorney Neil Brunetz elaborates on what to anticipate from OSHA's response to heat exposure. "Heat is the nation's leading weather-related killer." - The White House Back to Heat Exposure. We have talked about it before, but as expected, OSHA is making Heat ... Continue Reading
Neil Brunetz on OSHA Inspection Considerations
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
Neil Brunetz on OSHA Reporting
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 ... Continue Reading
Neil Brunetz on OSHA Portable Generator Safety
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
DEF Attorneys Recognized in 2022 Best Lawyers in America © and Best Lawyers in America: Ones to Watch ©
Please join us in congratulating the 16 Drew Eckl & Farnham attorneys who were named as 2022 Best Lawyers in America©, including two named to 'Lawyer of the Year', and the six who were named 2022 Best Lawyers: Ones to Watch©. To see the full list of 2022 Best Lawyers in America© and 2022 Best Lawyers: Ones to Watch©, visit the Best Lawyers website, linked below. ... Continue Reading
Neil Brunetz on OSHA Heat Illness Prevention
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
Article by Karen Karabinos Featured in Spring 2021 DRI In-House Defense Quarterly
An article written by Partner Karen Karabinos was featured in the Spring 2021 edition for DRI's In-House Defense Quarterly publication. The article, Landscape of COVID-19-Related Business Interruption Claims and Litigations: The Past, Present, and Future, highlights the issue of insurance coverage for business interruption losses related to COVID-19. See below to read the complete article. ... Continue Reading
National Law Journal Names Drew Eckl & Farnham Amongst Top 500 Largest Law Firms in US
The National Law Journal released their 2021 survey on the nation's largest law firms by headcount. Drew Eckl & Farnham ranked #348. For the first time since the 2008 financial crisis, law firm head count slightly declined nationally in 2020 by 0.1%, with DEF remaining unchanged. To read more, click on the link below. ... Continue Reading
Partner Karen Karabinos Featured by Law360 in Article on Opposing Counsel Sanctions due to “Frivolous Motion”
The motion for remand showed "deliberate indifference to obvious facts" and had no basis in law, said one of Phoenix Insurance's attorneys, Karen Karabinos of Drew Eckl & Farnham LLP. Coffman should have known his motion to remand had no merit, Karabinos said. "It was just absurd," Karabinos said of the motion. "It was just objectively frivolous."Law360, Ga. Judge Says Sanctions Likely Over Frivolous Motion Drew Eckl & Farnham Partner Karen Karabinos was recently featured by Law360 in a recent article "Ga. Judge Says Sanctions Likely Over Frivolous Motion." Karabinos represented The Phoenix Insurance Co. as they were being sued for conversion and negligence, accused of missing ... Continue Reading
Partner Karen Karabinos Featured by the DRI In-House Defense Quarterly
In the cases in which a court has found in favor of policyholders, the courts have held "direct physical loss" means "the act of losing possession" and "deprivation." Courts applying these definitions would find coverage in scenarios—even where an insured's operation is able to continue albeit at a reduced volume or capacity.In-House Defense Quarterly, The Past, Current, and Future: Landscape of COVID-19-Related Business Interruption Claims and Litigation Drew Eckl & Farnham Partner Karen Karabinos was recently featured in the DRI In-House Quarterly with her article "Landscape of COVID-19-Related Business Interruption Claims and Litigation. Karabinos spoke on the changing environment ... Continue Reading