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 … Continue Reading
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 “amputation” … Continue Reading
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 for … Continue Reading
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 writing about … Continue Reading
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 … Continue Reading
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) has … Continue Reading
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 order to locate skilled workers. In most cases, companies … Continue Reading
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, food safety, health … Continue Reading
Did you know…. your compliance history (and other information about your company or your site) is readily available on USEPA and OSHA’s websites, as well as many state environmental agency websites. Envirofacts, at EPA, has the most information. Someone can search the “Multisystem” database, or by various topic searches: air, waste, facility, land, toxics, compliance, … Continue Reading
* The Manufacturing Law Blog provides timely commentary on issues of importance to manufacturers and distributors. Contributors from the law firm of Robinson & Cole LLP are corporate compliance and litigation attorney, Jeff White ; environmental, health and safety attorney, Pam Elkow; and labor and employment attorney, Nicole Bernabo. Our thoughts and prayers are with the Boston community … Continue Reading
One of the goals of the Manufacturing Log Blog is to provide analysis of legal issues from many different vantage points. Pam, Nicole, and I focus on different substantive areas for our clients that manufacturer or distribute products, and thus, we can effectively offer a holistic approach to issues that arise. As a result, this … Continue Reading
