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“You will find that pretty much every workers’ comp law in the country does have anti-retaliation provisions. And so, just the act of filing a workers’ comp claim gives somebody protected status that’s somewhat analogous to somebody filing a complaint with the Equal Employment Opportunity Commission or filing a complaint under one of the wage/hour […]
As you know, your HRSBT editors love animal stories. So here is one that’s not about dogs, goats, or monkeys (our usual favorites), but about what OSHA calls “vermin.” Yes, in order to be compliant with federal law, workplaces must be constructed and maintained to prevent rodents, insects, and other vermin from entering. So we […]
Employers have an obligation to keep employees safe. They also have an obligation to meet all other legal requirements while doing so. This statement seems simple enough, but it can become complex in a hurry. For example, is an employer potentially violating the ADA by forcing employees to undergo medical screenings that may uncover safety […]
Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]
Many industrial jobs require employees to have specialized knowledge and skills, and to be prepared to deal with a special set of serious hazard exposures. OSHA-mandated specialized training requirements are found in a number of standards. For example: Hazard communication of chemical, carcinogen, and radiation hazards (29 CFR 1910.1200) Combustible dust (29 CFR 1910.22, 269, […]
Boost Compliance and Prevent Injuries,” speaker Michael Lawrence gave guidance on creating an OSHA-compliant safety training program. In the webinar, Lawrence suggested that an effective approach to creating an OSHA-compliant, injury-reducing safety training program involves four basic steps: Define the problem that you’re trying to correct through training. Identify the risks and protective measures. Develop […]
What happens when OSHA compliance gets in the way of ADA compliance? For example, what happens if an employer fires someone (with proper process and documentation, of course) for unsafe behavior, only to discover that this person had an undisclosed medical condition that was causing the behavior? The medical condition qualified as a disability, which […]
The National Institute for Safety and Health (NIOSH) recommends that employers with chemical operations take these additional steps to keep contact lens wearers safe in chemical environments: 7. Train medical and first-aid personnel in the removal of contact lenses and have the appropriate equipment available. 8. In the event of a chemical exposure, begin eye […]
The National Institute for Safety and Health (NIOSH) recommends that employers with chemical operations take these steps to keep contact lens wearers safe in chemical environments: 1. Conduct an eye injury hazard evaluation in the workplace that includes an assessment of the number of contact lens wearers, chemical exposures, and appropriate eye and face protection […]
“Most state workers’ compensation laws provide that it is unlawful for an employer to discharge or otherwise discriminate/retaliate against a worker for claiming worker’s comp or testifying at a workers’ comp hearing.” Adele Abrams explained in a recent BLR webinar. And this goes beyond just standard discipline or firing: “Anything that is an adverse action […]