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Optimum Articles
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Mon, 09/26/2011
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Fri, 09/02/2011
As you know, OSHA has continually attempted to expand the scope of the multi-employer workplace doctrine. The enclosed article discusses a recent case in which it was extended to attempt to find liability against a host employer who engaged an outside contractor to perform electrical work...
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Fri, 09/02/2011
As you know, OSHA has been making much more frequent use of the General Duty Clause under the new Administration to address what it considers "recognized hazards" that are not regulated under existing standards. The enclosed article discusses the recent decision involving Wal-Mart in...
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Fri, 09/02/2011
We want to inform you of a new OSHA enforcement agenda that will cut across all industries, from General Industry to Construction to Agricultural. It involves the hazards of heat illness. The agency will be using the General Duty Clause to issue citations. We have been involved in several...
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Fri, 09/02/2011
This article discusses some of the salient and often vexing questions that employers must address with their OSHA recordkeeping compliance. It also discusses proposed changes to the Federal reporting requirements to notify OSHA in the event of accident resulting in employee injury, from the...
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Tue, 06/21/2011
As you know, employer liability under OSHA has been expanding. The agency has been pursuing additional means and methods of establishing liability for citations. A recent decision in Federal District Court in Chicago represents an example of such further expansion. In the attached article there...
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Fri, 05/06/2011
As you know, OSHA has had requirements for providing personal protective equipment (PPE) to employees since the inception of the Act. In addition, issues have arisen as to whether the employer or the employee has a duty to pay for the PPE. We have seen an increasing number of citations...
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Fri, 05/06/2011
The enclosed article discusses another OSHA enforcement agenda that is now being used for high profile enforcement actions which can have a very major impact on an employer's business reputation and, in some cases, economic viability. This agenda should be a clear message to employers that...
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Fri, 05/06/2011
We have all heard of tragic accidents that have occurred because a driver was distracted by using a cell phone or other communication device while driving. These instances have resulted in civil and criminal liability for the driver and, if the driver was an employee acting in the course of...
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Fri, 05/06/2011
As you may know, Federal OSHA has been aggressively enforcing safety and health compliance in those states in which Federal OSHA enforces the occupational safety and health program. Many States have assumed the responsibility to enforce their own occupational safety and health programs....
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Fri, 03/25/2011
Danger, Warning, Caution, Notice, Safety First, Signs.
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Mon, 03/21/2011
Hard hats, 1910.135, 1926.100, Class G, Class E, Class C, Helmets, PPE, Personal Protective Equipment.
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Wed, 02/23/2011
As anyone who has ever experienced an OSHA inspection is well aware, a key element is the agency’s interviews of employees by the compliance officers from the U.S. Occupational Safety and Health Administration (OSHA) Unfortunately, a lot of confusion has occurred over the respective rights...
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Wed, 01/12/2011
Many of you have participated in informal conferences with OSHA and entered into settlement agreements to resolve OSHA citations. It is important to consider the future impact of the settlement agreements not only on future OSHA enforcement, including potential Repeat or...
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Thu, 10/07/2010
The following article reports on a further expansion of the multi-employer workplace doctrine. You will see that the recent decision of the Review Commission involves Summit Contractors at another location and not only discusses the "controlling" employer prong of the...
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Thu, 08/12/2010
Employee Drug and Alcohol Abuse Policy and Test Program
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Mon, 07/26/2010
First Aid - Heat and Sun Safety
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Tue, 07/13/2010
As you know, OSHA has announced that its focus will be enforcement, including aggressive inspection of workplace accidents, particularly fatalities. In order to be able to avoid potential citations arising out of a fatality, an employer must develop and enforce safety and health programs that...
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Thu, 06/03/2010
As you know, the current Administration has signalled that "enforcement" (inspections and citations) will be its primary focus to regulate workplace safety, including enhanced penalties, higher gravity citations and significant enforcement consequences for employers who fall...
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Tue, 05/11/2010
As you probably know, in the last two weeks OSHA has issued several high profile Memoranda relating to several enforcement agendas that will create substantial new liabilities for employers. The enclosed article discusses these new liabilities, including the Severe Violators Enforcement...
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Wed, 04/14/2010
We’ve all been there -- we’ve all witnessed a co-worker doing something that violates the company’s rules. We resist any thought of reporting the violation because we value our relationship with our co-worker, because it’s just “not that big of a deal,”...
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Fri, 04/02/2010
In recent months I have been inundated with calls from union contractors complaining that the Illinois Department of Labor (“IDOL”) will not recognize a local collective bargaining agreement (“CBA”) when it comes to compliance with the Illinois Prevailing Wage Act. ...
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Tue, 03/16/2010
The recent appointment of David Michaels as the new head of OSHA signals an aggressive OSHA with an active enforcement agenda. For employers, this means more inspections and more citations. But it also means that a greater portion of citations issued will be of higher gravity: ...
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Thu, 02/04/2010
With the recent appointment of David Michaels as the new head of OSHA, the Obama Administration has affirmed its commitment to workplace safety, with an increased focus on industrial hygiene. Dr. Michaels’ appointment signals a more aggressive OSHA, with an active enforcement agenda...
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Thu, 02/04/2010
As employers expand and diversify their operations across a number of worksites, there can emerge a disconnect between the corporate headquarters and each individual location throughout the country. Sometimes, this disconnect manifests itself as a mindset in the employer’s health and...