OSHA recently passed new rules requiring employers to notify OSHA of a fatality within eight (8) hours of the death. The new rules also require employers to file a report with OSHA for each in-patient hospitalization of an employee or situations where an amputation or eye-loss has occurred. The report must be made within 24
Gerard M. Giordano
OSHA Requires Immediate Action by Certain Employers to Meet the February 1, 2013 Recordkeeping Deadline
By Gerard M. Giordano on
Posted in Employment Policies and Practices
OSHA’s injury and illness recordkeeping regulations, 29 C.F.R. 1904, require that on February 1, 2013 certain employers post a summary of all injuries and illnesses that occurred in 2012. Employers are required to use OSHA’s 300A summary form or an equivalent form. The summary must remain posted until April 30, 2013. Even if there were…
A Willful OSHA Violation Insufficient to Circumvent The Workers’ Compensation Act’s Bar on Lawsuit Against Employer
By Gerard M. Giordano on
Posted in Employment Policies and Practices
The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to overcome the workers’ compensation bar on lawsuits against employers. The workers’ compensation bar generally precludes an employee’s claim against his or her employer for…
What Every Business Owner Needs To Know About OSHA (Part Three)
By Gerard M. Giordano on
Posted in Employment Policies and Practices
The final installment of this three part series describes what employers should expect after an OSHA inspection as well as the employers’ rights.
1. What happens after OSHA completes its inspection?
Unless your establishment is in full compliance with OSHA’s standards, you will receive a “Citation and Notification of Penalty” from OSHA. Generally, OSHA has…
What Every Business Owner Needs To Know About OSHA (Part Two)
By Gerard M. Giordano on
Posted in Employment Policies and Practices
This article, the second of a three part series, focuses on OSHA’s procedures during an inspection and outlines what employers should and should not do during an inspection.
1. What should I do or not do during an inspection?
There are certain actions that you should take to protect your interest during an OSHA inspection. These…