By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. Under the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, OSHA penalties will undergo annual inflation adjustments beginning on January 15, 2017. A one-time “catch up adjustment”, however, must … Continue reading OSHA MATH: CALCULATING THE FULL IMPACT OF THE 2016 PENALTY INCREASE
By Robert G. Chadwick, Jr., Partner, Freeman, Mathis & Gary, LLP. A citation stemming from an OSHA inspection typically specifies (1) the hazards which must be abated by the employer, and (2) the deadline for abating the hazards. For employers with … Continue reading ENTERPRISE-WIDE ABATEMENT RULING RAISES STAKES OF OSHA INSPECTIONS!
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. It is to an employer’s strategic benefit to be proactive in protecting its interests during the opening conference of an OSHA inspection. DO Be Selective as to the Employer’s Representative … Continue reading DOS AND DONT’S FOR EMPLOYERS DURING AN OSHA OPENING CONFERENCE!
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. The opening conference of an OSHA inspection typically takes place in an office or conference room and can address several matters, the most important of which are (1) the … Continue reading WHAT DOES AN EMPLOYER NEED TO KNOW ABOUT AN OSHA OPENING CONFERENCE?
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. A smart approach by the employer to an OSHA inspection can help mitigate the risks of costly citations and penalties. Although specific recommendations will be provided in later posts regarding each of … Continue reading GENERAL DOS AND DON’TS FOR EMPLOYERS DURING AN OSHA INSPECTION!
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. Inspections of employer’s premises are the primary means by which OSHA enforces the OSH Act. OSHA inspections are generally conducted by an OSHA Compliance Safety & Health Officer (“CSHO”). What … Continue reading WHAT DOES AN EMPLOYER GENERALLY NEED TO KNOW ABOUT THE OSHA INSPECTION PROCESS?
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. For many private employers, the secrecy of proprietary information may be the only edge which allows them to remain competitive in a crowded marketplace. For each of these employers, the … Continue reading HOW CAN TRADE SECRETS BE PROTECTED IN AN OSHA INSPECTION?
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. The U.S. Supreme Court in Marshall v. Barlows, Inc., 436 U.S. 307 (1978) determined that, absent consent or an application exception, an OSHA inspection can only be conducted in … Continue reading SHOULD AN OSHA INSPECTION BE REFUSED ABSENT A SEARCH WARRANT?
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. According to the Bureau of Labor Statistics, the healthcare industry continues to rank amongst the most dangerous industries based upon the number of work-related injuries and illnesses suffered by its … Continue reading OSHA PUBLISHES INSPECTION GUIDANCE FOR INPATIENT HEALTHCARE SETTINGS!
By Robert G. Chadwick, Jr., Partner, Freeman Mathis & Gary, LLP. Suppose a plaintiff’s lawyer arrives unannounced at a private employer’s work site and asks for permission to collect evidence to support a potential future personal injury suit against the employer. The … Continue reading WHAT IS AT STAKE IN AN OSHA INSPECTION?
HOW TO SURVIVE AN OSHA INSPECTION! AN EDUCATIONAL BLOG FOR EMPLOYERS SUBJECT TO OSHA INSPECTIONS 