Safety/Health

Surprise! Iron Range firm wins EEOC ADA case

09/08/2010

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Will we run into legal trouble if we commit to hiring only ‘careful’ workers?

09/08/2010

Q. Several recent hires have suffered work-related injuries shortly after starting to work for us. As a result, our workers’ compensation premiums have soared. Our CEO, in an effort to avoid this problem, has directed managers to hire only “careful” workers in the future. Is this legal?

What’s our legal defense? Working here would be dangerous for ill applicant

08/02/2010

Q. When a job applicant took a post-offer physical, he learned he has hepatitis C. The position he is seeking at our oil refinery would expose him to chemicals that could be harmful to his liver. If we refuse to hire him and he alleges disability discrimination, will we be able to utilize the “direct threat” defense?

California Supreme Court limits liability for independent contractor’s injuries

07/20/2010

The California Supreme Court has issued a decision in a closely watched construction liability case that involved an independent contractor’s injury. It concluded that true independent contractors working in construction are responsible for making sure the workplace is safe and can’t claim that the hiring contractor or owner was liable for any resulting injuries.

OSHA goes postal on Eagan USPS facility

07/15/2010

In response to employee complaints about electrical hazards at the U.S. Postal Service’s processing center in Eagan, OSHA in June fined the post office $210,000 for willful violations of the Occupational Safety and Health Act.

Feds propose new HIPAA privacy rules

07/13/2010

The Department of Health and Human Services has proposed new rules to strengthen HIPAA’s confidentiality and security measures. While your health insurance carrier will have primary responsibility for compliance, you need to be able to answer employees’ questions about their new privacy rights.

OSHA inspector on the way! How to prepare, how to respond

07/08/2010

An unexpected visit from an OSHA inspector is often unwelcome—and unsettling, too. But if you’ve taken the time to prepare, it need not be traumatic. Planning ahead will smooth the inspection process—and put you in control of it. Plus, being prepared may make a good impression on the inspector, which could lead to being cited for fewer violations.

OSHA: Employers must provide safety training in ‘language and vocabulary’ that worker understands

06/23/2010

Many government safety regulations require employers to give employees safety or health training. In May, OSHA issued an enforcement memo to its inspectors, directing them to verify that employers are giving such training, “using both a language and a vocabulary that the employee can understand.”

OSHA triples fines for serious safety violations

06/22/2010

Saying that the current limits don’t act as enough of a deterrent, OSHA is increasing penalties for serious safety violations. The new policy raises the average fine from about $1,000 to between $3,000 and $4,000 for a serious violation—one that could cause serious injury or death.

Firing? Back with complete discipline records

06/18/2010

Employers that keep careful track of which employees are disciplined—and for what reasons—have a leg up if they’re ever sued for discrimination. Before you terminate any employee, take the time to pull up all similar past disciplinary files. If those records show you fired other employees for identical or less-serious offenses, chances are no court will second-guess your decision in the latest case.