Risk Manager on Your Side

July 23, 2014.  For companies whose employees must ‘don and doff’ personal protective equipment and handle tools (such as knives that must be picked up, dropped off, and maintained), failing to pay for such additional time, unless considered deminimis ( so minor it may be disregarded), can be considered a violation of the Fair Labor […]

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EMPLOYERS BEWARE: Not only is there a Worker Adjustment and Retraining Notification Act (WARN) under federal law that applies when an employer is downsizing its workforce or closing facilities, state law may also impose obligations on employers in that state to follow that are more restrictive than the federal WARN Act otherwise requires.  For instance, […]

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June 20, 2014.  There is little, if any, margin for error when companies have a breakdown in their operations resulting in environmental violations impacting on the land, air and waterways.  Missouri Attorney General Chris Koster announced he has filed a lawsuit in Barry County Circuit Court against Tyson Foods for the unlawful dumping of untreated […]

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June 5, 2014.  Any workplace fatalities are required to be reported to OSHA within eight (8) hours after the work-related death of any employee occurs.  Employers must orally report the fatality/multiple hospitalizations by telephone or in person to the OSHA Area Office or to the State Plan Office that is nearest to the site of […]

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May 20, 2014.  The ‘OSHA Hobgoblin’ is lurking around the shadows of Congress in the form of Senate Bill No. 665 re-introduced on March 22, 2013.  The bill’s purpose?  To significantly increase fines and penalties imposed against employers for violating OSHA safety regulations.  For decades, OSHA has had a “me too” complex complaining that other […]

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May 15, 2014.  A worker in Italy lost his fingers while working at a mozzarella cheese factory.  In the United States, OSHA workplace safety rules prohibit employees from sticking fingers, hands, arms or any other body parts into energized equipment.  An employee must first de-energize the machine (properly shut the power source off) and follow […]

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May 8, 2014.  Businesses need to appreciate the existence of not only civil liability for violation of environmental laws, but the real threat of personal criminal liability as well. On March 20, 2014, Robert Lewis of Atlanta, Georgia, was sentenced in federal district court for the Middle District of Georgia to serve 10 months in […]

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April 30, 2014.  There are many types of powered industrial vehicles subject to OSHA regulations. Each type presents different operating hazards. For example, a sit-down, counterbalanced high-lift rider truck is more likely than a motorized hand truck to be involved in a falling load accident because the sit-down rider truck can lift a load much […]

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The EPA has several types of enforcement actions against potential violators.  Civil Administrative Actions are non-judicial enforcement actions taken by EPA or a state under its own authority, without involving a judicial court process. An administrative action by EPA or a state agency may be in the form of: A notice of violation or a […]

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April 10, 2014. According to the federal government, approximately 76 million Americans are affected by foodborne illnesses each year.  Although most episodes of foodborne illnesses are short-lived, many people have died from food poisoning.  Foodborne illnesses are almost always caused by improper growing, processing, distribution, or preparation of food.  Produce may become contaminated with certain […]

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