General Industry Emergency Action plans under OSHA (CFR 1910.38) are broken down into 6 parts. 1. You need one whenever an OSHA standard requires one. Find out if the OSHA standards that apply to your business mandate an EAP. 2. If you have fewer than 10 employees you can communicate the EAP orally, but if you have more than 10 employees the EAP must be in writing, must be kept in the workplace and must be available for employees to review. 3. The EAP must have at a minimum: Procedures for reporting a fire or other emergency. Procedures for emergency evacuation, including type of evacuation and exit route assignments.Procedures to be followed by employees who remain to ... Continue Reading
Hard Rock Hotel Project Collapse Sparks New Investigation
ConstructionDrive quoted Attorney Neil Brunetz in "Hard Rock Hotel Project Collapse Sparks New Investigation", which discusses a number of different claims that have emerged from the investigation, that may have contributed to the building collapsing. Neil stresses the importance that any evidence that OSHA or the Department of Safety and Permits may need later should not be disturbed or contaminated. Neil additionally gives his opinion on if hearings focused on the collapse will impede the investigation. "Is it possible they could interfere? Yes," said attorney Neil Brunetz, who specializes in OSHA cases at the law firm of Drew Eckl and Farnham in Atlanta. "Is it likely? No. Based on the ... Continue Reading
Hard Rock Hotel project collapse sparks new investigation
ConstructionDive quoted Attorney Neil Brunetz in "Hard Rock Hotel Project Collapse Sparks New Investigation", which explores a number of different claims that have emerged from the investigation, that may have contributed to the building collapsing. Neil stresses how important it is that none of the evidence is disturbed or contaminated, in the case that OSHA or the Department of Safety and Permits may need to evaluate it at a later time. Additionally, Neil discusses his opinion on if hearings pertaining to the collapse would impede the investigation. "Is it possible they could interfere? Yes," said attorney Neil Brunetz, who specializes in OSHA cases at the law firm of Drew Eckl and ... Continue Reading
Attorney Neil Brunetz Quoted in ConstructionDive
Attorney Neil Brunetz was quoted in "The Dotted Line: Legal Steps For Shutting Down a Dangerous Jobsite", an article on ConstructionDive that thoroughly analyzes the complex legal landscape of the construction industry. Neil explains that when a hazardous condition is not properly addressed and resolved, Federal OSHA or the OSHA approved state program agency will have OSHA investigators observe the safety hazard. "If the contractor or employee who called OSHA end up being fired because he notified the agency, he said, then it is possible that the terminated person could have a whistleblower claim, in addition to contractual remedies, as long as he followed procedure and tried to resolve ... Continue Reading
Workers’ Comp 101 for Manufacturers
Industry Today published "Workers' Comp 101 for Manufacturers" by Partner Jim Anderson, where he discusses several tips for claim prevention and handling, prior to and immediately following the initial report of an injury. Following these tips accordingly will allow manufacturers to reduce excessive costs, while preventing workplace injuries. Jim explains the importance of acquiring diligent documentation ranging from the initial incident report, to witness statements and history of prior claims. Additionally, he emphasizes how crucial it is to be supportive towards the employees' request to seek medical attention, and ensuring that all employees are well educated on the selected panel ... Continue Reading
Did you know OSHA provides Guidelines for Employers to Reduce Motor Vehicle Crashes?
I know employers often wonder how to minimize traffic crash risk. Did you know OSHA provides Guidelines for Employers to Reduce Motor Vehicle Crashes? Did you know the Network of Employers for Traffic Safety has a 10 step program to help reduce the risk of traffic crashes with the following steps? Senior Management Commitment & Employee InvolvementWritten Policies and ProceduresDriver AgreementsMotor Vehicle Record (MVR) ChecksCrash Reporting and InvestigationVehicle Selection, Maintenance and InspectionDisciplinary Action SystemReward/Incentive ProgramDriver Training/CommunicationRegulatory Compliance Do you want to know more about what is involved in each step? View ... Continue Reading
Is It Fair to Extend Liability to The Foul Poles? The Baseball Rule and the Effects of Increasing Protective Netting
An article written by Matthew Nanninga and Alisha Dickie, “Is It Fair to Extend Liability to The Foul Poles? The Baseball Rule and the Effects of Increasing Protective Netting,” was featured in November-December edition of Sports Facilities and the Law. The article discusses the Baseball Rule, which limits the liability of premises operators for injuries sustained by spectators that occur as a result of risks inherent to the game of baseball, and how the extension of protective measures such as netting to the foul poles would affect the sport. “Since the inception of baseball, clubs and stadium owners have tried to balance spectator preference and experience with safety. Courts as far ... Continue Reading
OSHA Raises Civil Penalties for 2020, but Data Shows Companies Often Skirt Their Large Penalties
An analysis of OSHA enforcement cases by Neil Brunetz was reported on in an article by OH&S Occupational Health & Safety. The article discusses the trend of how companies are rarely responsible for paying their full penalties when found violating federal safety rules. ... Continue Reading
Helping Women Climb The Mountain to Partnership – Diversity and Inclusion Efforts
In an article for the 2019 GDLA Annual Meeting, Attorney Karen Karabinos recognizes that women have a more difficult time achieving partner at a law firm than men do. Karen discusses various tactics and initiatives firms should take to assist women in overcoming this issue. "While making partner at a law firm is a difficult challenge for any associate, the 2018 survey confirms what many of us know is a reality: it’s harder for women associates to get there. The question thus remains how each law firm can help the women climb that mountain and become equity partners. There are many options to consider, but what is critical is that all equity partners get behind their ... Continue Reading
Highlights of Occupational Fatalities that occurred in 2018
Every once and awhile you get a statement from OSHA on the state of Occupational injuries. Recently OSHA made a statement on Occupational Fatalities that occurred in 2018. Every once and awhile you get a statement from OSHA on the state of Occupational injuries. Recently OSHA made a statement on Occupational Fatalities that occurred in 2018. The statement provided some insight into a few trends for occupational fatalities OSHA identified in 2018. 1. The good news. As I and many others, including OSHA, have been commenting on for years, falls are still one of the most cited hazards and cause a great number of injuries. However, in 2018, falls decreased 14% down to ... Continue Reading