Health and Safety Law Report: Recent Episodes
Health and Safety Law Report
What can employers do to avoid OSHA citations and keep employees safe? Attorneys Abbie White and Doug Jenks address employers' concerns regarding health and safety law. The hosts seek to provide information (in non-legal language) regarding jobsite health and safety. If you are looking for legalese, this podcast is probably not for you. But if you want some help navigating the health and safety regulatory environment, then please tune in.
Happy Holidays from the Health and Safety Law Report! Join Abbie White and Doug Jenks as they report on that status of OSHA's proposed heat injury and illness prevention standard. Will it ever go live? And while they are at it, what does OSHA what employers to do regarding cold stress? Yes kids, it's that age old dispute between the Heat Miser and the Cold Miser. But this time the employer may be caught in the middle. In other news. Construction contractors beware: OSHA also has made a change in the construction standard regarding PPE. Tune in for these exciting holiday themed topics.
Every person you pay for some service is either your employee or a contractor. And guess what? The factors that determine the nature of the relationship are not as clear as most people think. And worse, the factors change from time to time depending on your jurisdiction. For example, the federal government's analysis has recently changed under the Biden administration. This could be critical because you could be responsible safety and injuries if that independent contractor turns out to be an employee. Abbie and Doug have seen many people surprised to find out that their independent contractor is actually an employee who has filed a workers' comp claim. So, tune in to this exciting, new, and improved Health & Safety Law Report to learn about this and other fascinating topics.
It is here. OSHA has published its proposed standard on heat illness prevention. Join Abbie and Doug as they review the proposed standard, including its surprises and mysteries.
But wait! There's more. Its early August. Summer is almost over, but it's never too late for a new summer playlist. Tune in as Abbie and Doug review their own proposed standard summer playlist for 2024. Click here, put the top down, turn up the volume. To 11.
Thank you for continuing to tune in! Please contact Abbie and Doug as healthandsafety@amfdayton.com with questions or comments.
Who knew that employers and even employees can go to jail for OSHA violations? It's both true and terrifying. Tune in to this edition of the Health and Safety Law Report to learn how to stay out of OSHA jail. Abbie also provides a brief update on the criminal case involving Alex .... make that ALEC Baldwin following the work-related death on set for the film Rust.
OSHA is inching closer to adopting a standard for heat illness prevention. In this smokin' hot episode of the Health and Safety Law Report, your intrepid hosts discuss the likely contents of the new standard, and also talk about what OSHA expects employers to do right now to protect employees from heat hazards.
For more information, please see OSHA's heat stress web page.
See also the Advisory Committee on Construction Safety and Health's agenda and notes from it April 24, 2024, meeting regarding the new standard.
And here is the transcript from that meeting.
Alert! OSHA has released injury and illness data collected under the 2023 “Improve Tracking of Workplace Injuries and Illnesses” regulation. This data dump doesn’t just include 300A summary data - it includes individual illness and injury data submitted by employers with 100 or more employees, in “high hazard” industries. Join Doug and Abbie as they discuss what data has been released, where to find it, and what’s still to come. For questions and comments, feel free to send email to healthandsafety@amfdayton.com.
The Eclipse is coming! Are you having a watch party at work? What will you listen to? Every party has to have a music playlist, right? Who better to create and curate that playlist than the Health and Safety Law Report? We've got all the songs, listed in order, to rock out to as the event unfolds.
Click here for the playlist on Spotify.
Oh, and if the party gets too nutty, you might want a workers comp liability waiver. Yes, its true. In some states, injuries to employees that occur during employer-sponsored social events are compensable. In those jurisdictions, workers comp liability waivers may be available.
Tune in, for another exciting episode of the Health and Safety Law Report to learn about these things and more!
Alert! The sun will go dark mid-afternoon on April 8 for millions of Americans from Texas to Maine, and every place in between. That means your outdoor worksite will be plunged into total and complete darkness. And your employees working indoors will all simultaneously run outdoors to stare at the sun! What's an employer to do? In this exciting and timely and ever entertaining episode of the Health & Safety Law Report, your hosts Abbie and Doug will talk about this celestial wonder and what it might mean for employers in the path of totality!
The OSHA standards require employers to contact OSHA when an employee is admitted to the hospital for treatment due to a work injury. Thats like calling the police on yourself. So employers should be sure to do so only when required. In this episode of the Health & Safety Law Report, Abbie and Doug discuss OSHA's definition of "treatment." Do diagnostics count? How about an overnight stay in the hospital for observation? And what happens if the employer doesn't learn about an employee's treatment in the hospital until long after the work injury? Or what if the injured employee is not admitted to the hospital for several days after the work injury?
Tune in to the Health & Safety Law Report to learn the answers to these and other burning questions.
Happy Holidays from the Health & Safety Law Report! In this year's Christmas Special, Abbie and Doug discuss OSHA's new electronic reporting requirement. Better get ready. Electronic reports are due by March 2, 2024 for many employers. But wait! There's more. Because its Christmas, Abbie and Doug talk about whether OSHA would consider mayhem at office Christmas parties to be work hazards. Can OSHA cite the employer if the office crock pot has a frayed extension cord? What if the company grill explodes? And because its Christmas, Abbie and Doug conclude the episode (and the year) by exploring whether the movie Die Hard is a Christmas movie. What do you think? Tune in and join Abbie and Doug on this Christmas extravaganza of fun and information!
Dude.... Don't get high at work! Recently, Ohio joined many other states by legalizing recreational marijuana. In this episode of the Health & Safety Law Report, Abbie, Doug, and their guest Amy Mitchell discuss the employment implications of legalized marijuana. What does this mean for the workplace and workplace safety? OSHA has not directly addressed this issue, but still has tools to direct employer policies regarding employee intoxication. Do employers now have to accept marijuana use among employees? It turns out that despite legalization, not much has to change for employers - but it could. Please tune in!
According to the Bureau of Labor Statistics, violence is the third leading cause of workplace death in the United States. As you might expect, OSHA is paying attention. In this episode of the Health & Safety Law Report, Abbie and Doug talk about a hypothetical road-rage incident and whether OSHA requires employers to record and report injuries resulting from violence.
When and how should an employer work with an attorney? Not all legal issues require lawyers, but many do. And when such an issue arises, what is the best way to make the most of that partnership? Tune in to this exciting episode of the Health and Safety Law Report as Abbie and Doug, veritable plumbers and cab drivers, will discuss some best practices to make the most out of legal representation.
It's an invitation across the nation, a chance for folks to meet. Following a brief hiatus, Abbie and Doug return to the airwaves to tell you about early summer important developments in health and safety law:
- OSHA recently began using the new "instance-by-instance" penalty scheme which could dramatically increase OSHA fines.
- OSHA has proposed allowing unions to accompany OSHA compliance officers on OSHA inspections, even when the employer is a merit shop (non-union) employer.
- Recently the Occupational Safety and Health Review Commission issued a decision vacating 4 of 5 general duty clause citations levied on the United States Post Office regarding heat illness protection.
- The 100 Deadliest Days of Driving are upon us! A new Ohio distracted driving law severely restricts the use of cell phones in automobiles.
All this and more can be yours in this exciting episode of The Heatlh and Safety Law Report!
Prepare to be amazed! In this installment of the H&SLR, Abbie and Doug discuss challenges and risks employers face when recording work injuries. The trick is to document the employee's reported work injury, but don't make statements suggesting compensability until it is clear there actually was a compensable work injury. Tune in as Abbie and Doug discuss timeless questions such as, who fills out the incident report? What information is recorded? And what circumstances require an employer to record a work injury on the OSHA logs, and then report to OSHA? And on a totally unrelated note, listen in as Doug discusses the physiologic affect of a GOOD podcast.
Happy New Year! Join Abbie and Doug in this action packed and exciting episode of the Health & Safety Law Report to ring in the new year. Abbie and Doug cover a variety of important and interesting topics for employers including higher OSHA penalties and the approaching deadline to upload the OSHA 300A log. Doug leads us through a discussion regarding renewed interest in OSHA regulating the NFL in light of Damar Hamlin's recent cardiac arrest. But wait! There's more: Abbie will also give us an update on the legal liabilities facing Alec Baldwin and others emanating from the accidental shooting on the set for the movie Rust. It's a regular smorgasbord of OSHA topics to satisfy your hunger for all thigs OSHA!
On the 1st Day of Christmas, OSHA cited me......'Tis the season to review OSHA's top 10 most cited standards for 2022. Join Abbie and Doug on this exciting and festive holiday romp through the OSHA top 10. Learn what standards OSHA cited more than any others this year. Some are obvious and others... not so much.
In this Episode, Abbie and Doug turn their attention to OSHA inspections at constructions sites. In the prior episode, 21, Abbie and Doug discussed OSHA inspections for general industry. But those inspections can be very different than at a construction site where there may be multiple employers inspected at once. How might a construction contractor approach an OSHA inspection, and how is that different than general industry? Tune in to learn the fascinating answers to these and other compelling questions in Episode 22 of the Health and Safety Law Report!
In this exciting and captivating episode of the Health and Safety Law Report, Abbie and Doug talk about OSHA inspections. What happens during an inspection? What do the OSHA compliance officers do and what are they looking for? What kinds of things should an employer keep in mind during the inspection? And how might employers want to conduct themselves during the inspection? To find out the answers to these and other critical questions, tune in to Episode 21 of the Health and Safety Law Report!
Alec Baldwin recently accidentally shot and killed a crew member while on set for a film, Rust. How could that happen? In this episode Abbie and Doug explore the safety hazards found on the sets of television and film productions like Rust and others. They discuss the helicopter tragedy that killed three actors and injured six others during the filming of The Twilight Zone: The Movie, back in 1982. And finally, stick around for the end of the episode to hear "The Wilhelm," the most famous scream in film and television. First appearing in the 1950s, The Wilhelm scream has been used by sound designers in over 300 productions, including Star Wars, Lord of the Rings, The Simpsons, Raiders of the Lost Arc, and even Toy Story.
OSHA has withdrawn the Emergency Temporary Standard requiring many employers to ensure that their employees are vaccinated or test negative for Covid every week. While this is significant news, employers must take proactive and effective steps to combat work-place Covid infections. In this episode, which marks the one-year anniversary of the Health and Safety Law Report. Abbie and Doug discuss these events and more.....
In this episode, Abbie flies solo and brings you a quick update on the status of OSHA’s Covid-19 ETS. Contrary to what you are hearing in the news, the Supreme Court did not “block” or “strike down” the ETS. Enforcement has merely been paused while the underlying challenges to the ETS are litigated in the 6th Circuit. Find out the latest developments and what to expect in the weeks to come.
Happy Holidays from the Health and Safety Law Report. In this episode, No. 16 or so, Abbie and Doug report that the new OSHA emergency temporary standard is now in effect. Unless enforcement is delayed again, employers with 100 or more employees must comply.
But there is more happening that just Covid. Especially north of the boarder. After sharing the news about the ETS, Abbie and Doug welcome Dave Ferro to the Health and Safety Law Report. Dave is a workplace safety consultant and expert in Canada, who has also worked in Europe. Join your hosts as they discuss safety enforcement beyond the US.
The Federal vaccine mandates are on the ropes! Federal courts across the country have at least temporarily halted the implementation of the Federal contractor, OSHA, and CMS vaccine mandates. Tune in for a quick status report on these mandates from Abbie and Doug.
The New OSHA Emergency Temporary Standard on Covid is out. In this Episode, Abbie and Doug talk about the requirements and deadlines in the new ETS, and then also discuss the prospects that the ETS will survive legal challenges.
And sadly, Abbie and Doug remember Naphis Mitchell-Reyes, their guest on the last two episodes, who suddenly and unexpectedly passed away recently.
President Biden has ordered the Department of Labor to issue another Emergency Temporary Standard regarding Covid-19, this time to require some employers to vaccinate all employees. In this episode, Abbie White and Doug Jenks discuss this new development, and also continue their conversation with safety professional Naphis Mitchell-Reyes. Naphis is an experienced construction safety professional who describes his successful approach to workplace safety.
In Episode 11 of the Health & Safety Law Report, Abbie White and Doug Jenks share the latest Covid guidance from OSHA. And guess what: Due to the Delta variant, the OSHA guidance has changed. Again.
They also welcome a guest to the show, Naphis Mitchell-Reyes. Naphis is the director of safety and risk control with a large industrial and commercial roofing contractor. In part 1 of the interview, Abbie and Doug ask Naphis to describes his approach to creating a safe work environment and an effective safety culture.
On June 10, 2021, OSHA finally issued its long-awaited emergency temporary standard for Covid-19. But much to Abbie and Doug's surprise, the new standard only applies to healthcare employers. Who knew?
Instead of including non-healthcare employers in the new Emergency Temporary Standard, OSHA simply issued additional guidance. Abbie and Doug take a stab at introducing the new standard and the updated guidance.
As they discuss, the guidance appears to be pointed at unvaccinated employees. The guidance speaks directly to employees stating that “if you are unvaccinated or otherwise at risk . . . you should follow recommended precautions and policies at your workplace.” Those precautions, OSHA advises, include wearing face masks, social distancing, and maintaining good hygiene.
The ink is not quite dry on new standard and the guidance, but Abbie and Doug wanted to alert their listeners to this important development (while reserving the right to revise and extend their remarks later, of course). Remember, they are lawyers, but not your lawyers and they not giving legal advice. . . .
In Episode 9 Abbie and Doug discuss OSHA's silence in the wake of the CDC guidance that allows fully vaccinated people to stop wearing masks. Can employers follow that guidance? Will OSHA cite employers that drop mask requirements? How can an employer know if its employees are fully vaccinated? Tune in for a discussion on these topics. And Cicadas.
In this episode Abbie and Doug return to a topic briefly addressed in Episode 7 -- mash potatoes. Well, not really. Actually it is "unpreventable employee misconduct."
What defense is available to employers when employees violate an OSHA standard despite the employer's excellent safety program? The answer is the unpreventable employee misconduct defense, an affirmative defense to OSHA citations. Abbie and Doug provide a broad introduction regarding how to satisfy the elements of that defense.
Don't forget to take your key! In this episode Abbie and Doug report on a recent lockout tagout citation that OSHA has issued, Abbie and Doug review some of the requirements and pitfalls of the OSHA standard on control of hazardous energy, AKA lockout tagout, and share some stories regarding common hurdles for a successful lockout tagout program.
In Episode 6, Abbie and Doug talk about workplace heat illness and what OSHA expects employers to do to prevent it. It turns out that there is no federal OSHA standard on heat illness so OSHA has relied on the General Duty Clause and guidance from the National Institute of Occupational Safety and Health. Doug lays out the NIOSH recommendations for addressing the hazards of excessive heat. Abbie talks about the Sturgill case which has limited OSHA's aggressive approach to heat illness to some extent. Oh, and did you know that the Periodic Cicadas in Brood X are getting ready to emerge from their 17 year slumber? They cover that too...
In this episode, Abbie and Doug interview employment attorney Amy Mitchell about the Covid-19 vaccine. Amy is an attorney at Auman, Mahan, and Furry. She advises employers regarding employment law and has been very busy working with them on many aspects of Covid-19. During this interview, Amy talks about whether an employer can require employees to get the vaccine. She explains that some employees might have an ADA or perhaps a religious objection to the vaccine. If so, then the analysis becomes whether the employer would be compelled to honor that objection.
As an aside, Abbie and Doug also "showcase" their new mics! They are working hard to improve the audio quality of their podcasts and are close to figuring out how to do all of this...
The Times They are A-Changin’. In this episode, Abbie and Doug discuss the recent Executive Order on Protecting Worker Health and Safety, plus OSHA’s new Covid-19 Guidance issued in response to that Order.
In this episode, attorneys Abbie White and Doug Jenks discuss OSHA's use of the general duty clause and Covid-19. Because OSHA has no specific standard for Covid-19, it relies other standards like the respiratory protection standard and the general duty clause. Abbie and Doug define and describe the general duty clause and talk about how it can be applied to Covid-19.
In this, the first episode of the Heath and Safety Law Report, attorneys Abbie White and Doug Jenks introduce themselves and the show and begin discussing OSHA's approach to Covid-19. Abbie and Doug will talk about some guidance that OSHA has issued in the absence of a standard that is particularly focused on the disease.
In this episode, attorneys Abbie White and Doug Jenks will talk about some practical steps for employers to protect employees from Covid-19 and avoid an OSHA citation. Abbie and Doug focus on the respiratory protection standard, and employer's use of masks and respirators to protect employees from Covid-19.