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Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy

The Tenth Circuit upheld summary judgment in favor of an oilfield services company on a former senior engineer’s Colorado common law claims that he had been terminated for repeatedly reporting safety concerns related to confined space entries.  The common law claims were not available given OSHA’s exclusive jurisdiction over retaliatory discharges against employees for reporting safety...

Georgia Warehouse Owner Owed No Legal Duty To Provide Fall Protection to Employees of Trucking Company When at Warehouse

The Court of Appeals of Georgia affirmed summary judgment in favor of a warehouse owner where a trucking company employee fell off a loaded truck at the warehouse facility.  The worker argued that OSHA required the facility owner to provide fall protection to prove the facility owner had a legal duty to the worker for purposes of a negligence analysis.  The court, however, agreed with...

Federal OSHA Scrutinizing State OSHA Regimes: Arizona and Indiana Recent Examples

Recent federal reviews of both Arizona and Indiana’s state OSHA policies have revealed that both states fall short of federal OSHA standards. On March 19, federal OSHA sent the Industrial Commission of Arizona a letter advising that Arizona’s standards for protecting residential construction workers from falls were not as effective as federal standards.  The letter cited Arizona’s...

California Legislature Calls For Investigation Of Workplace Safety in Airports

On Friday, California legislators held a press conference calling for committee hearings to assess worker safety at California airports.  The death of a baggage handler at Los Angeles International Airport triggered the announcement.  Although Cal/OSHA is investigating the death, legislators asked for hearings to ascertain whether this incident is part of a systemic and widespread...

OSHA Provides Guidance on Recordkeeping Requirements for Temporary Workers

OSHA has released an educational bulletin providing guidance on the requirements for recording injuries of temporary workers.  Requirements for both the staffing agency and the host employer are outlined.  OSHA regulations require that the OSHA 300 log include not only recordable injuries and illnesses to “all employees on your payroll” but also all recordable injuries and illnesses...

Training Workers To Work Safely with Hazardous and Corrosive Chemicals Is Critical

OSHA has proposed cumulative penalties of $264,360 to a food manufacturing company and the maintenance and temporary staffing companies it contracts with for failure to provide adequate training for employees to work safely with the ammonia used in refrigeration in violation of OSHA’s Process Safety Management Standard. Among the citations, the company was cited for failure to ensure...

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