SafetyLitigation.com
content top

OSHA Changes Course on Union’s Ability To Participate in Inspections of Non-Union Workplaces

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) officially repealed the “Fairfax Memorandum,” a February 21, 2013 directive (an archived copy of the memo can be found here).  The Fairfax Memorandum explained that workers at a worksite without a collective bargaining agreement could designate a person affiliated with a union or community organization to act...

Court Allows Case Challenging OSHA’s Interpretation of Non-Employee “Walk Around” Rights To Continue

In response to the challenge by the National Federation of Independent Business (“NFIB”) of OSHA’s guidance for the right of non-employee third parties to participate in OSHA workplace safety investigations at non-union workplaces, the U.S. District Court for the Northern District of Texas concluded that the NFIB has standing to bring its claims and that the NFIB’s primary claims...

Expect Heightened Scrutiny Of Worker Relationships For Possible “Joint Employment”

The scenarios in which a worker, even though not technically a company employee, is found to be a company employee under a theory of “joint employment” for purposes of various laws continues to increase.  Yesterday, the U.S. Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation establishing new standards for determining joint...

Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management

As the year winds down, there is no better time to make sure that your company is as prepared as possible for future litigation and crisis management.  Below is a quick checklist of 10 preventive maintenance steps you can take to maximize your preparedness.  When conducting any of these steps, be cognizant of protecting privilege.  Document the scope of reviews and clarify the purpose...

Be Cognizant Of Close Coordination Between OSHA And The NLRB

Following recent formal announcements that OSHA and the NLRB will be cooperating more in the future, be wary of an uptick in cross-agency investigations.  Earlier this year, OSHA announced that it would refer any untimely whistleblower complaints to the NLRB.  Specifically, a worker has only 30 days under the Occupational Safety and Health Act to file a complaint with OSHA alleging...

Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim

In December 2009, a railroad brakeman with a long history of good work performance committed a serious safety violation for which he accepted responsibility and agreed to disciplinary measures including a year of probation.  In September 2010, the railroad dismissed the brakeman following an investigation into a separate serious safety violation committed in June 2010.  In March 2011,...

« Older Entries