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
OSHA News Release for September 2019
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 as Legal Experts at OnePath CyberSecurity Breakfast
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
OSHA Basics: Recovery Efforts
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
DEF Attorneys Dan Kniffen and Megan Noble to Present at 2019 Gwinnett Chamber Employment Law Seminar
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
OSHA 101: Is It Cheaper to Run the Risk of an OSHA Citation or Enact Preventative Safety Measures?
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
OSHA Basics: The OSHA Form 300
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
OSHA Basics: Incident Reporting
Think of two different timing requirements. The first is for fatalities as a result of a work related incident. Fatalities must be reported to OSHA within 8 hours after the death of any employee. The second is for the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident. These incidents must be reported to OSHA within 24 hours. There are a few exceptions to the reporting rules. If the fatality, in-patient hospitalization, amputation, or loss of an eye occurred as a result of a motor vehicle accident that occurred on a public street or highway, but not in a ... Continue Reading
Did you know OSHA Handles Whistleblower Complaints?
Section 11(c) of the Occupational Safety and Health Act prohibits employers from retaliating against employees from exercising rights under the OSH Act. Rights include, but are not limited to: Filing a complaint related to the OSHA ActCommunicating with management about health and safety mattersParticipating in and on-site OSHA inspectionRequesting copies of OSHA required information Prohibited actions include, but are not limited to: FiringDemotingDiscipliningThreateningIntimidatingReducing hours or pay If OSHA finds the employee has been retaliated against in violation of the OSHA Act, The Office of the Solicitor of Labor may seek relief in U.S. District Court. In such ... Continue Reading
Attorneys Karen Karabinos and Sonya Jacobs Present at Google
Attorneys Karen Karabinos and Sonya Jacobs spoke to the women at Google's Atlanta office on finances. Karen and Sonya ensured that the women of Google's Atlanta office are aware of financial planning and the tips and tricks to stay prepared and secure. In the audience for support were attorneys Taylor Poncz and Juliana Neelbauer. At the end of the day, we are all supporting each other. ... Continue Reading