Occupational Health & Safety

Could A Mistake by Your Company Nurse Lead to Civil Liability in North Carolina?

Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’ Compensation Act states that employers in compliance with the Act are protected from all other claims and remedies that could be brought by…

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Criminal Charges For OSHA Violations? State Prosecutors Are Taking Increased Interest

Most employers are aware that the Occupational Safety and Health Administration can issue monetary penalties for health and safety violations occurring in the workplace. Many employers also know that in particular circumstances, OSHA can issue criminal sanctions. However, what employers may not know is that OSHA has also been referring workplace safety violations to state…

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OSHA Warns Fines Must Be Paid Or You (Individually) May Face “18 And Life”

Ever wonder what the Occupational Safety and Health Administration (OSHA) would do if an employer refused to pay a fine? We just found out, and it’s not just the employer that needs to be concerned. After a New Jersey-based construction company failed for four years to pay $412,000 in penalties that the OSHA assessed against…

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MSHA Issues Program Policy Letter on Refuge Chambers for Public Comment

At the end of July, the Mine Safety and Health Administration (“MSHA”) announced the issuance of a Program Policy Letter (“PPL”) to provide mine operators guidance regarding the existing requirement to provide escape ways or refuges at underground metal and nonmetal mines when miners must shelter in place.  The PPL is being issued for public…

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“Stop the Bleed” – One Sure Step to Lessen Shooting Deaths.

The majority of workplace shooting deaths could have been prevented if individuals had been present who possessed even the most basic trauma/stop-the-bleeding training and equipment. We provide links to approved providers and background on the Stop the Bleed movement. Read more

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Youth Movement: Federal Motor Carrier Safety Administration Seeks Younger Drivers  

Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) unveiled plans to lower the minimum legal age required to operate commercial motor vehicles in interstate commerce. The FMCSA began the Under-21 Military Pilot Program and has requested public comment on another proposal to allow drivers ages 18-20 to operate commercial motor vehicles. Both these initiatives will…

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I don't have a SOP for that issue.

Standard Operating Procedures (SOPS) have morphed from useful practical guidance to bewildering multi-page tomes which clash with the realty of how to do the job. More troubling, SOPs may be used as an excuse to not apply good judgment or hold employees responsible for safe performance. We’ll discuss these challenges and basic adjustments. Read more

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