This is the second of two posts dedicated to reopening plans for manufacturers.  In the first post on May 26, I addressed the first two questions which every manufacturer may wish to ask as it forms its reopening plans.  Manufacturing;  Back to Business (Part One) (May 26, 2020).  Here, I address the next four questions.

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a space requiring a heightened concern for employee safety.  See Legal Pot = Manufacturing Storm Clouds” (May 29, 2019). 

With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations.  In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced a plan to deter workplace safety violations through more stringent criminal prosecution.  Under the new plan, the DOJ will work

In August 2015, OSHA updated its National Emphasis Program (NEP) on Amputations.  Based on a review of data from general industry as well as targeted industries, OSHA determined that workplace amputations were being underreported.  OSHA updated the NEP on Amputations to target all workplaces with machinery or equipment capable of causing amputations.

OSHA defines

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination claims and arguably injected considerable uncertainty into “restricted duty” or “light duty” work programs.

Factual Background

Peggy Young worked

It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead.  Two weeks ago, Matt reported on significant issues in the labor/employment arena.  Last week, Pam reported on Environmental, Health and Safefy (EH&S) issues

To round out the series, I’ll be

Matt set a pretty high bar last week, summarizing his thoughts for what could be a tumultuous 2015 on the labor and employment front.  Now, it’s my turn to provide some thoughts for 2015 the EHS front.  I’m not sure I’d call all of these predictions, since we know that they’re out there – more

OSHA just announced updates to its reporting and recordkeeping requirements for injuries and illnesses, found at 29 CFR 1904. The updates include changes to who is required to comply with the recordkeeping rules, and expands the work-related injuries that must be reported.

Recordkeeping

The list of industries exempt from routine recordkeeping (think OSHA 300 log

Last week, Pam addressed the issue of temporary workers from an EHS perspective.  Now, in this installment of one of our “360” posts, I’ll comment on the liability risks of having temporary employees.

First, an introductory note.  I understand from my conversations with manufacturing executives that many companies need to use staffing agencies in

OSHA recently announced its new online complaint filing process for whistleblowers making it easier to file complaints against manufacturers on a 24-hour basis.  OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than twenty whistleblower statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform