By Brent I. Clark and Kerry M. Mohan
On November 7, 2013, OSHA announced a proposed rule regarding its injury and illness recordkeeping requirements that would make employee injury and illness records public. 78 Fed. Reg. 67254 (Nov. 8, 2013).
Currently, employers with eleven or more employees are required to keep and maintain OSHA 300, 300A, and 301 injury and…
Continue Reading OSHA Shame Game Continues: Its Plan to Publish Injury Rates For Employers With Over 250 Employees
This blog post is part of an occasional series on California Occupational Safety & Health issues.
California is one of 22 states and jurisdictions that has its own OSHA Plan covering private sector employers. The federal OSHA law, of course, continues to provide a minimum level of safety, or “floor,” under which these state regulations may…
Continue Reading California Really Is Different: How Employers’ Obligations Differ Under Cal/OSHA With Respect to Reporting Serious Workplace Injuries
By Brent I. Clark, Meagan Newman, and Craig B. Simonsen
Mine operators and employee interveners lost their joint appeal to U.S. Seventh Circuit Court of Appeals — where the Court agreed with the Commission that MSHA acted within its statutory and constitutional authority to issue document demands for employee medical and personnel records. Big Ridge, Inc., et al., v. …
Continue Reading 7th Circuit Upholds MSHA’s Authority to Request Medical Records to Verify Reported Injury Statistics
By Mark A. Lies, II, Kerry M. Mohan, and Craig B. Simonsen
A former safety manager at a Tennessee Valley Authority (TVA) Nuclear Site was sentenced to 78 months in prison for major fraud.
The safety manager had allegedly hidden over 80 injuries to obtain over $2.5 million in safety bonuses. He was convicted at trial in November 2012,…
Continue Reading False Injury Logs Can Do More Than Lead to OSHA Citations: Safety Manager Sentenced to 78 Months in Prison for Major Fraud
By James L. Curtis and Craig B. Simonsen
As noted in a previous blog, the Occupational Safety and Health Administration and the railroads have been fighting for years over Whistleblower issues related to employee discipline for workplace injuries. In another decision from the OSHA Administrative Review Board, Vernace v. Port Authority Trans-Hudson Corp., ARB No. 12-003, ALJ No. …
Continue Reading OSHA Administrative Review Board Finds Railroad Whistleblower Violation
