http://www.elinfonet.com/fedindex/16 Articles discussing the Occupational Safety and Health Act. Sat, 21 Nov 2009 23:11:07 EST en-us http://www.elinfonet.com/newscount.php?popID=8688 Article: 8688 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) An influenza pandemic could have a major effect on the economy and all areas of commerce and employment. Business planning for pandemic influenza is essential to minimize a pandemic's impact. In the event of an influenza pandemic, employers will play a critical role in protecting employees' health, safety, and overall well-being. http://www.elinfonet.com/newscount.php?popID=8686 Article: 8686 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) According to Occupational Safety and Health Administration statistics, nearly 20 percent of all OSHA inspections are prompted by a complaint, typically from a current or former employee. Pending legislation that proposes dramatic increases in employee involvement in the inspection and citation process threatens to raise this percentage and increase the likelihood of unfavorable inspection results and more severe penalties, as a direct consequence of individual employee input. Proposed whistleblower protections that protect employees from retaliation if they make a complaint or get involved will likely bolster employee confidence to complain and participate in inspections. This increased employee involvement and a change in whistleblower protections, coupled with the anticipated overall swell in OSHA enforcement activity and increased penalties, may potentially expose employers to significantly greater liability for safety infractions than in the past, as well as create substantial employee relations problems. http://www.elinfonet.com/newscount.php?popID=8658 Article: 8658 Mon, 09 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Panic or pandemic? Right now, nobody can say for certain what course the H1N1 virus will take in the upcoming months. It may end up like the Bird Flu scare, having little discernible impact. Or, our worst fears may be realized with a widespread pandemic and disruption to our daily lives. One thing is certain, we are already feeling the effects with mass school closings, long lines for flu shots, and chaos in many pediatricians’ offices. http://www.elinfonet.com/newscount.php?popID=8635 Article: 8635 Thu, 05 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Using scare tactics to drum up fear has long been used by unions to generate unhappy employees, and to provide a good environment for unionization. Some unions are now using the H1N1 virus, or swine flu, to create controversy, rather than unifying and assisting hospitals and other industry employers in preparing for a possible pandemic. Finding a topic to exploit with workers is nothing new, and using a topic that scares many and can create a panic is just icing on the cake. http://www.elinfonet.com/newscount.php?popID=8634 Article: 8634 Thu, 05 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) With the advent of the H1N1 flu, businesses are preparing for the worst, and hospitals are not exempt from this preparation. While other employers will practice "social distancing," or keeping away from other people's germs, hospitals will be treating the worst H1N1 cases, exposing employees to the virus. Hospitals must have a continuity plan in place so that the facility can operate as normal. Pandemics can create staff shortages due to absences of sick employees and employees taking time off to care for sick family members. Suppliers may be short staffed too, and deliveries of products may be interrupted. http://www.elinfonet.com/newscount.php?popID=8617 Article: 8617 Tue, 03 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The H1N1 virus, commonly known as the swine flu, has grabbed headlines and worried millions. The federal government has taken an active role in helping to educate the public regarding prevention and containment of the flu. Most employers have felt the impact of H1N1, and even more are wondering the extent to which their operations will be affected as we approach the heart of the flu season. As a result, employers are preparing pandemic flu plans and taking precautions to prevent the spread of the H1N1 virus. http://www.elinfonet.com/newscount.php?popID=8599 Article: 8599 Fri, 30 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Twenty-five workplace fatalities occurred in Nevada from January 2008 to June 2009. In the wake of those deaths, the Nevada Occupational Safety and Health Administration (“Nevada OSHA”) came under media fire regarding its investigations into the deaths as well as two complaints to the federal Government. The “Complaints about State Program Administration,” regarding a fatality at one Las Vegas casino and a complaint investigation at another, were filed with the U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”). As a result of increasing concerns about the Nevada OSHA’s state plan performance, OSHA conducted a study of the agency. The 80-page report, released on October 20, 2009, details serious deficiencies at Nevada OSHA and outlines numerous recommendations for improvement. In addition, the DOL stated that it will increase its oversight and monitoring of all state OSH programs. http://www.elinfonet.com/newscount.php?popID=8587 Article: 8587 Wed, 28 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Each year an average of 36,000 people die and over 200,000 people are hospitalized in the United States due to flu-related complications.1 In addition to seasonal flu, an outbreak of H1N1 influenza (often referred to as "Swine Flu") has greatly increased the number of people at risk this flu season. http://www.elinfonet.com/newscount.php?popID=8579 Article: 8579 Mon, 26 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) With an effective date of September 30, 2009, OSHA’s one-year national emphasis program (NEP) on recordkeeping will target employers with lower than average injury and illness rates in historically high-rate industries. Based on academic studies released within the past few years, which suggest workplaces underreport injuries and illnesses, OSHA will be conducting what amounts to a comprehensive audit of certain employers’ business records. OSHA compliance officers are instructed to review not only employers’ OSHA Forms 300, 301 and 301A, but medical records, workers’ compensation records, insurance records, payroll/absentee records, and if available, company safety incident reports, company first-aid logs, alternate duty rosters, and disciplinary records pertaining to injuries and illnesses. Moreover, if an employer has in place a policy that may have the effect of discouraging recording of injuries and illnesses, such as an awards program, OSHA will request a copy of the employer’s policy. http://www.elinfonet.com/newscount.php?popID=8578 Article: 8578 Mon, 26 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Equal Employment Opportunity Commission ("EEOC") has issued technical assistance guidance to help employers prepare for a potential pandemic of the H1N1 flu ("the swine flu"), without running afoul of the Americans with Disabilities Act ("ADA"). When employees become ill or travel to parts of the world affected by certain illnesses, employers are often left questioning how they may proceed to protect the workplace and its employees, without violating individual rights.