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| 1 | Health and Safety in the Workplace Toolkit Resources to help employers comply with the Occupational Safety and Health Act of 1970 (OSH Act) and create and maintain a safety conscious culture. | Practice Note: Overview | Maintained |
| 2 | Health and Safety in the Workplace: Overview This Note provides an overview of employers' rights and obligations under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations. It also summarizes inspection and enforcement efforts by the agency that enforces the OSH Act, the Occupational Safety and Health Administration (OSHA). This note addresses federal law relevant to employers in every state and refers to States that may impose additional requirements on employers in this topic area. | Practice Note: Overview | Maintained |
| 3 | State Medical and Recreational Marijuana Laws: Overview A Chart outlining state law on medical and recreational marijuana (or marihuana) use. This Chart is limited to states that have relevant laws. It outlines which states have enacted relevant laws and characterizes those legal requirements, including citation to the source of law, characterization of individual rights and discussion of any employer exemptions or obligations. | Practice Note: Overview | 13-May-2013 |
| 4 | State Occupational Safety and Health Plans: Overview A Chart listing the states with their own occupational safety and health plans approved by the federal Occupational Safety and Health Administration. This Chart outlines which state plans cover private employers. It also describes whether the state has adopted state standards and provides a link to the state's workplace safety and health poster. | Practice Note: Overview | 30-Apr-2013 |
| 5 | State Guns-at-work Laws: Overview A Chart listing the states with guns-at-work laws, sometimes known as parking lot laws. Guns-at-work laws generally limit an employer's ability to prohibit employees from bringing concealed firearms to work. This Chart lists the states with guns-at-work laws covering private employers. It outlines which state laws restrict an employer's ability to prohibit employees from storing firearms in their private vehicles when parked in the employer's parking lot. This Chart also lists the laws that provide employer immunity and those that require employers to post notice that they prohibit guns at the workplace. We are updating this resource to reflect the new Alabama law, SB286. | Practice Note: Overview | 09-Apr-2013 |
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| 1 | Bullying in the Workplace A Note describing the legal issues related to workplace bullying. This Note addresses a private employer's potential legal vulnerability, including harassment, retaliation, emotional distress, assault and occupational health and safety claims. In addition, this resource addresses best practices for employers, the prevalence and impact of workplace bullying, and responsive legislative initiatives. | Practice Notes | Maintained |
| 2 | Guns at the Workplace A Note describing state guns-at-work laws, sometimes known as parking lot laws. These laws generally limit an employer's ability to prohibit employees from bringing concealed firearms to work. This Note discusses the legal risks resulting from workplace violence, including incidents involving guns. It outlines the various types of restrictions and requirements typically included in guns-at-work laws and provides best practices for compliance with these laws. | Practice Notes | Maintained |
| 3 | Handling an OSHA Inspection A Note describing how to manage an Occupational Safety and Health Administration (OSHA) inspection conducted under the Occupational Safety and Health Act of 1970 (OSH Act). This Note addresses federal law relevant to employers in every state. State and local statutes and regulations as well as state plans may impose different or additional requirements on employers in this topic area. | Practice Notes | Maintained |
| 4 | Minimizing OSHA Liability Through Voluntary Safety and ... This Note explains how private employers can minimize liability under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations through voluntary audits of their safety and health policies and practices. It discusses the Occupational Safety and Health Administration (OSHA)'s policy on voluntary self-audits and how employers can minimize OSHA liability by proving the unpreventable employee misconduct defense, preventing willful citations and avoiding citations under OSHA's Multi-employer Citation Policy. This Note also discusses protecting audit reports from disclosure under attorney-client privilege and the work product doctrine and best practices for employers conducting voluntary audits. | Practice Notes | Maintained |
| 5 | OSHA Injury and Illness Recordkeeping A Note explaining employers' obligations to record certain work-related injuries and illnesses under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations. This Note helps employers comply with their recordkeeping obligations by explaining key injury and illness recordkeeping issues such as covered employers, which injuries and illnesses must be recorded, Occupational Safety and Health Administration (OSHA) recordkeeping forms, maintaining OSHA records, access to OSHA records, OSHA citations for recordkeeping violations and best practices for injury and illness recordkeeping. | Practice Notes | Maintained |
| 6 | Pandemic Flu Preparation and Response A Note describing legal issues surrounding a private employer's need to have a pandemic flu or influenza preparedness strategy for the workplace. This Note addresses recommendations from the Occupational Safety and Health Administration (OSHA) to protect the health and safety of employees, and medical leave, disability, pay and privacy issues related to pandemic preparation and response. This Note addresses federal law. | Practice Notes | Maintained |
| 7 | Wellness Programs This Note provides an overview of wellness and preventive care programs and the considerations when designing these programs, including changes under health care reform. | Practice Notes | Maintained |
| 8 | Workers' Compensation: Common Questions A Note addressing some common workers' compensation questions applicable to private employers. Workers' compensation is largely governed by state law. For more information on state law requirements, see the Leave Laws State Q&A Tool under Related Content to the right. | Practice Notes | Maintained |
| 9 | Workplace Violence A Note describing the legal issues related to workplace violence. This Note addresses a private employer's duty to provide a safe working environment under the Occupational Safety and Health Act (OSH Act), liability for workplace violence under workers' compensation law and negligence theory, granting medical leave to workplace violence victims, employment references for employees with known violent tendencies and laws to consider when taking steps to minimize workplace violence, including the direct threat defense under the Americans with Disabilities Act (ADA). | Practice Notes | Maintained |
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| 1 | Dress Code and Grooming Policy A policy addressing proper dress and grooming standards for employees in the workplace, including optional clauses for uniform or fragrance-free requirements. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 2 | Drug Testing in the Workplace Consent Form A consent form providing an employee or prospective employee's consent to a test for illegal drugs or alcohol. It releases the employer and other parties from liability and discusses testing methods and confidentiality requirements. It should be provided to an employee before a drug test is administered. This Standard Document applies only to private workplaces that are not subject to the federal Drug-Free Workplace Act of 1988. It is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 3 | Drug Testing in the Workplace Policy A policy addressing workplace testing for illegal drugs, alcohol and marijuana. It outlines circumstances in which job applicants and employees will be tested, testing procedures and consequences of violating the policy. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces that are not subject to the federal Drug-Free Workplace Act of 1988. It is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 4 | Employee Liability Waiver and Indemnification Agreement An agreement between an employer and an employee releasing and indemnifying the employer from liability for accidents, injuries or other damages the employee suffers while engaged in an employer-sponsored activity or while using employer-provided equipment or facilities. This Standard Document is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document includes an integrated drafting note with important explanations and drafting tips. | Standard Documents | Maintained |
| 5 | Health and Safety in the Workplace Policy An employee policy on health and safety in the workplace. It helps an employer comply with Occupational Safety and Health Act (OSH Act) recordkeeping requirements by setting out the procedure for employees to report workplace injuries, accidents and illness. This policy also encourages employees to be safety conscious and outlines the procedure for reporting safety concerns. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 6 | Notice of Contest of OSHA Citation A sample notice of contest for an employer to challenge an Occupational Safety and Health Administration (OSHA) citation. This Standard Document includes an integrated note with important explanations and drafting tips. It complies with federal law. State or local law may impose additional or different requirements. | Standard Documents | Maintained |
| 7 | Smoke-free Workplace Policy A policy prohibiting smoking in the workplace and outlining the procedures for reporting a violation of the policy. Employers may implement a smoke-free workplace policy to protect employees from exposure to secondhand smoke. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 8 | Substance Abuse in the Workplace Policy A policy prohibiting the use of illegal drugs and alcohol in the workplace. It outlines the types of activities that are prohibited and the consequences of violating the policy. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 9 | Witness and Victims of Crime Leave Policy An employee policy on witness and victims of crime leave. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 10 | Workplace Searches Policy A policy reserving an employer's right to conduct workplace searches. It notifies employees of the possibility of workplace searches and outlines the specific areas subject to search. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 11 | Workplace Violence Policy A policy prohibiting workplace violence that outlines the procedures for reporting threats or violent acts and prohibits retaliation for complaints. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
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| 1 | Employee Drug and Alcohol Testing under the Americans with ... A Checklist of issues to consider under the Americans with Disabilities Act when testing applicants or employees for drug and alcohol use and disciplining employees for that use. This Checklist addresses federal law. For information on state law requirements, see the State Q&A Tool under Related Content to the right. | Checklists | Maintained |
| 2 | Holiday Party Liability Prevention Checklist A Checklist to help employers minimize the legal risks presented by employer-sponsored holiday parties. This checklist addresses sexual harassment prevention, avoiding harms created by alcohol consumption, workers' compensation liability, and wage and hour claims. This resource is jurisdiction-neutral. For information on state law requirements, see the State Q&A Tools under Related Content to the right. | Checklists | Maintained |
| 3 | Managing Workers' Compensation Costs Checklist A checklist to help manage workers' compensation costs. This ten-point checklist can help employers keep costs down by focusing on long-term objectives. | Checklists | Maintained |
| 4 | Medical Examinations and Inquiries in Employment Checklist A Checklist about conducting medical tests on applicants or employees. This Checklist outlines issues employers should consider before conducting medical tests. This Checklist addresses federal law. For information on state law requirements for drug testing laws, see the State Q&A Tool under Related Content to the right. | Checklists | Maintained |
| 5 | Minimizing Workplace Violence Checklist A Checklist outlining best practices to improve workplace safety for employees and minimize workplace violence. It addresses assessing workplace safety, policies and procedures, training and other practical tips for minimizing workplace violence. This Checklist applies to private employers that do not have a unionized workforce. For information on state law requirements relating to background checks, hiring requirements and drug testing, see the State Q&A Tools under Related Content to the right. | Checklists | Maintained |
| 6 | OSHA Injury and Illness Recordkeeping Checklist A Checklist to help private employers comply with their obligations to record certain work-related injuries and illnesses under the Occupational Safety and Health Act of 1970 (OSH Act) and its corresponding safety and health regulations. This Checklist addresses federal requirements. It describes partial exemptions, determining if an injury or illness must be recorded, Occupational Safety and Health Administration (OSHA) recordkeeping forms, maintaining OSHA records, access to OSHA records, employee training and recordkeeping audits. | Checklists | Maintained |
| 7 | OSHA Inspection Checklist A Checklist on Occupational Safety and Health Administration (OSHA) inspections conducted under the Occupational Safety and Health Act of 1970 (OSH Act). This Checklist highlights key issues, such as employer and employee OSHA inspection rights, protecting employer interests, opening and closing conferences, document production, employee interviews, walkarounds and citations. This Checklist also highlights best practices for the different aspects of an OSHA inspection. Equivalent state requirements may impose different or additional requirements on employers in this topic area. | Checklists | Maintained |
| 8 | Preparing for Seasonal Influenza (Flu) and Potential ... A Checklist outlining best practices for private employers to prepare for influenza (flu) season and potential pandemic outbreaks. It addresses basic precautions employers can take to protect employees from workplace exposure, and best practices for voluntary vaccinations, pandemic preparedness plans and keeping employees informed. | Checklists | Maintained |
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| 1 | Drug Testing Laws: State Q&A Tool This tool enables subscribers to search and compare PLC's Drug Testing Laws State Q&A resources. Questions and answers cover state-specific drug testing requirements, circumstances under which drug testing is permitted, the kinds of tests authorized by law, substances for which employers can test, protocols, employer liability, legal protections for employees and more. Simply select the questions and the jurisdictions that you are interested in and click the "Submit" button. To see all of PLC's State Q&As on Drug Testing Laws, see State Q&A Guide to Drug Testing Laws. To see all of PLC's State Q&As, including relevant Legal Updates since the publication date (under Related Content), see individual Q&As on the Labor & Employment State Q&As landing page. | State Q&A Tool | -- |
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| 1 | Drug Testing Laws: Alabama A Q&A guide to drug testing law for private employers in Alabama. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 23-Jan-2013 |
| 2 | Drug Testing Laws: Arizona A Q&A guide to drug testing law for private employers in Arizona. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 05-Nov-2012 |
| 3 | Drug Testing Laws: Arkansas A Q&A guide to drug testing law for private employers in Arkansas. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 18-Dec-2012 |
| 4 | Drug Testing Laws: California A Q&A guide to drug testing law for private employers in California. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 05-Sep-2012 |
| 5 | Drug Testing Laws: Colorado A Q&A guide to drug testing law for private employers in Colorado. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 01-May-2013 |
| 6 | Drug Testing Laws: Connecticut A Q&A guide to drug testing law for private employers in Connecticut. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 06-Jun-2012 |
| 7 | Drug Testing Laws: District of Columbia A Q&A guide to drug testing law for private employers in the District of Columbia. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 29-Mar-2013 |
| 8 | Drug Testing Laws: Florida A Q&A guide to drug testing law for private employers in Florida. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 02-Oct-2012 |
| 9 | Drug Testing Laws: Georgia A Q&A guide to drug testing law for private employers in Georgia. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 29-Mar-2013 |
| 10 | Drug Testing Laws: Idaho A Q&A guide to drug testing law for private employers in Idaho. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 12-Jul-2012 |
| 11 | Drug Testing Laws: Illinois A Q&A guide to drug testing law for private employers in Illinois. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 25-Feb-2013 |
| 12 | Drug Testing Laws: Indiana A Q&A guide to drug testing law for private employers in Indiana. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 25-Mar-2013 |
| 13 | Drug Testing Laws: Iowa A Q&A guide to drug testing law for private employers in Iowa. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 14-Feb-2013 |
| 14 | Drug Testing Laws: Kansas A Q&A guide to drug testing law for private employers in Kansas. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 17-Dec-2012 |
| 15 | Drug Testing Laws: Kentucky A Q&A guide to drug testing law for private employers in Kentucky. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 15-Mar-2013 |
| 16 | Drug Testing Laws: Louisiana A Q&A guide to drug testing law for private employers in Louisiana. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 01-Apr-2013 |
| 17 | Drug Testing Laws: Maine A Q&A guide to drug testing law for private employers in Maine. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 09-Aug-2012 |
| 18 | Drug Testing Laws: Maryland A Q&A guide to drug testing law for private employers in Maryland. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 20-Jun-2012 |
| 19 | Drug Testing Laws: Massachusetts A Q&A guide to drug testing law for private employers in Massachusetts. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 01-Feb-2013 |
| 20 | Drug Testing Laws: Michigan A Q&A guide to drug testing law for private employers in Michigan. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 03-Apr-2012 |
| 21 | Drug Testing Laws: Minnesota A Q&A guide to drug testing law for private employers in Minnesota. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 07-Feb-2013 |
| 22 | Drug Testing Laws: Mississippi A Q&A guide to drug testing law for private employers in Mississippi. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 12-Oct-2012 |
| 23 | Drug Testing Laws: Missouri A Q&A guide to drug testing law for private employers in Missouri. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 22-Mar-2013 |
| 24 | Drug Testing Laws: Nebraska A Q&A guide to drug testing law for private employers in Nebraska. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 26-Jun-2012 |
| 25 | Drug Testing Laws: Nevada A Q&A guide to drug testing law for private employers in Nevada. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 12-Dec-2012 |
| 26 | Drug Testing Laws: New Hampshire A Q&A guide to drug testing law for private employers in New Hampshire. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 24-Oct-2012 |
| 27 | Drug Testing Laws: New Jersey A Q&A guide to drug testing law for private employers in New Jersey. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 30-Jan-2013 |
| 28 | Drug Testing Laws: New Mexico A Q&A guide to drug testing law for private employers in New Mexico. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 08-Apr-2013 |
| 29 | Drug Testing Laws: New York A Q&A guide to drug testing law for private employers in New York. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 29-Mar-2013 |
| 30 | Drug Testing Laws: North Carolina A Q&A guide to drug testing law for private employers in North Carolina. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 25-Jan-2013 |
| 31 | Drug Testing Laws: North Dakota A Q&A guide to drug testing law for private employers in North Dakota. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 28-Mar-2013 |
| 32 | Drug Testing Laws: Ohio A Q&A guide to drug testing law for private employers in Ohio. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 05-Jul-2012 |
| 33 | Drug Testing Laws: Oklahoma A Q&A guide to drug testing law for private employers in Oklahoma. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 28-Mar-2013 |
| 34 | Drug Testing Laws: Oregon A Q&A guide to drug testing law for private employers in Oregon. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 08-Jun-2012 |
| 35 | Drug Testing Laws: Pennsylvania A Q&A guide to drug testing law for private employers in Pennsylvania. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 17-Oct-2012 |
| 36 | Drug Testing Laws: South Carolina A Q&A guide to drug testing law for private employers in South Carolina. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 19-Apr-2013 |
| 37 | Drug Testing Laws: Tennessee A Q&A guide to drug testing law for private employers in Tennessee. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 08-May-2013 |
| 38 | Drug Testing Laws: Texas A Q&A guide to drug testing law for private employers in Texas. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 25-Jun-2012 |
| 39 | Drug Testing Laws: Utah A Q&A guide to drug testing law for private employers in Utah. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 28-Mar-2013 |
| 40 | Drug Testing Laws: Virginia A Q&A guide to drug testing law for private employers in Virginia. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 29-Mar-2013 |
| 41 | Drug Testing Laws: Washington A Q&A guide to drug testing law for private employers in Washington. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 27-Mar-2013 |
| 42 | Drug Testing Laws: West Virginia A Q&A guide to drug testing law for private employers in West Virginia. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 31-Aug-2012 |
| 43 | Drug Testing Laws: Wisconsin A Q&A guide to drug testing law for private employers in Wisconsin. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool). | State Q&A | 29-Nov-2012 |
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| 1 | Expert Q&A on the Impact of State Marijuana Legalization ... An expert Q&A with Mary E. Drobka of Davis Wright Tremaine LLP on the impact of state laws permitting the recreational and medicinal use of marijuana on employers' workplace policies, hiring practices and disciplinary procedures. | Articles | 27-Feb-2013 |
| 2 | The Gulf of Mexico oil spill: consequences for the oil and gas ... This article examines the legal and commercial consequences of the 2010 BP Gulf of Mexico oil spill and considers how the future of the global oil and gas industry might be shaped as a result. | Articles | 15-Feb-2011 |
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| 1 | Must Employers Permit Guns at Work? Resources to help employers comply with state guns-at-work laws, sometimes known as parking lot laws. | Legal Update: archive | 21-May-2013 |
| 2 | Holland & Hart: Colorado Employee Legally Fired For Off-duty ... This Law Firm Publication by Holland & Hart LLP discusses Coats v. Dish Network, LLC, in which the Colorado Court of Appeals held that an employer did not violate Colorado's lawful off-duty activity law when it terminated an employee for his off-duty marijuana use. Although the employee was licensed to use marijuana under Colorado's medical marijuana law, the court held that an activity is lawful in Colorado only if it complies with both state and federal law. The court then reasoned that the employer did not violate the off-duty conduct law because marijuana use is illegal under federal law. | Legal Update: archive | 25-Apr-2013 |
| 3 | Department of Interior Issues Final Rule on Workplace Safety ... The Department of the Interior (DOI) has released a final rule providing enhanced workplace safety and health protections for workers on offshore drilling rigs operating on the Outer Continental Shelf. | Legal Update: archive | 08-Apr-2013 |
| 4 | Jackson Lewis: Workers' Compensation Appropriate for On ... This Law Firm Publication by Jackson Lewis LLP discusses the Tennessee Supreme Court's ruling in Shannon v. Roane Med. Ctr., in which the court held that an on-call employee injured while driving home from her workplace qualified for an exception to the rule barring workers' compensation for employees injured while going to or from work. For on-call employees, courts will consider the totality of the circumstances to determine whether the employee falls under the exception and is covered by the Tennessee Workers' Compensation Act. | Legal Update: archive | 27-Mar-2013 |
| 5 | Notifying Employer of Intent to Take FMLA Leave is Protected ... In Wehrley v. American Family Mutual Insurance Co., the US Court of Appeals for the Tenth Circuit joins the Third, Sixth and Eleventh Circuits in holding that giving an employer notice of intent to take FMLA leave is protected activity for purposes of an FMLA retaliation claim. | Legal Update: archive | 21-Mar-2013 |
| 6 | Spring Cleaning: Self-audits and Preparing to Respond to ... Resources to assist employers conducting self-audits and responding to government agency audits. | Legal Update: archive | 19-Mar-2013 |
| 7 | Constangy: Brain Damage Must Be Serious for Lifetime ... This Law Firm Publication by Constangy, Brooks & Smith, LLP discusses two recent South Carolina Supreme Court cases, Sparks v. Palmetto Hardwood, Inc. and Crisp v. South Co., Inc., that define "physical brain damage" for purposes of the workers' compensation law. These cases clarify that a brain injury must be serious for a claimant to qualify for lifetime workers' compensation benefits, and that a brain injury (such as a concussion) suffered during an otherwise compensable injury is not alone sufficient to rise to the level of permanent injury required by the workers' compensation law. | Legal Update: archive | 11-Mar-2013 |
| 8 | Jackson Lewis: Nebraska Supreme Court Holds ... This Law Firm Publication by Jackson Lewis LLP discusses the Nebraska Supreme Court's decision in Moyera v. Quality Pork Int'l, in which the court held that the Nebraska Workers' Compensation Act applies to undocumented aliens. Persuaded by decisions from other jurisdictions and public policy concerns, the court concluded that these workers are eligible for permanent total disability benefits for work-related injuries under Nebraska's Workers' Compensation Act. Courts in nine other states have similarly found undocumented aliens to be covered by state workers' compensation laws. | Legal Update: archive | 01-Feb-2013 |
| 9 | Jackson Lewis: Massachusetts Legalizes the Medical Use of ... This Law Firm Publication by Jackson Lewis LLP discusses the new Massachusetts law legalizing the medical use of marijuana. Massachusetts is the 18th US state to pass such a law. The new law applies to patients suffering from debilitating medical conditions such as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other conditions determined by a physician. The new law, which is effective January 1, 2013, eliminates criminal penalties for patients, physicians and marijuana dispensaries. It does not, however, require employers to accommodate on-site use of medical marijuana or authorize operation of motor vehicles under the influence of marijuana. | Legal Update: archive | 07-Dec-2012 |
| 10 | DOT Clarifies that State Marijuana Laws Do Not Impact DOT ... The Department of Transportation (DOT) issued a notice clarifying that recent state initiatives legalizing the recreational use of marijuana will not affect the DOT's regulated drug testing program. | Legal Update: archive | 03-Dec-2012 |
| 11 | Holiday Cheer Without Legal Fear This Legal Update offers best practices tips for avoiding liability connected to an employer-sponsored holiday party. | Legal Update: archive | 27-Nov-2012 |
| 12 | Jackson Lewis: Rhode Island Becomes First State to Require ... This Law Firm Publication by Jackson Lewis LLP discusses the Rhode Island Department of Health's new requirement that all health care workers who have direct patient contact, including volunteers, receive free seasonal flu vaccines. Health care workers may obtain a medical exemption or refuse to be vaccinated without explanation, and health care facilities may not ask why a worker has refused. However, unvaccinated health care workers face a $100 fine per violation and possible professional sanctions if they fail to wear surgical facemasks when they have direct contact with patients during any declared period of a widespread flu outbreak. | Legal Update: archive | 17-Oct-2012 |
| 13 | OSHA Launches Alternative Dispute Resolution Pilot Program ... The US Department of Labor's Occupational Safety and Health Administration (OSHA) announced the launch of a pilot alternative dispute resolution (ADR) program for whistleblower complaints filed with its Whistleblower Protection Program. | Legal Update: archive | 03-Oct-2012 |
| 14 | Honigman Miller: Sixth Circuit Rules Michigan's Medical ... This Law Firm Publication by Honigman Miller Schwartz and Cohn LLP discusses the US Court of Appeals for the Sixth Circuit's decision in Casias v. Wal-Mart Stores Inc., ruling that an employer did not violate the Michigan Medical Marihuana Act (MMMA) when it terminated an employee with a state-issued medical marijuana registry card for failing a drug test. The court held that the MMMA, which legalized the use of marijuana for certain medical purposes, only regulates action taken by Michigan, not by private employers. Although the Sixth Circuit's decision is binding on federal trial courts, Michigan state courts are not required to follow it. | Legal Update: archive | 02-Oct-2012 |
| 15 | Jackson Lewis: Ohio High Court Eases Employee ... This Law Firm Publication by Jackson Lewis LLP discusses the Ohio Supreme Court's September 20, 2012 decision in Lawrence v. Youngstown, which resolved a conflict among the state's appellate courts. Under Ohio's workers' compensation law, a discharged employee has 90 days from the date of his termination to notify his employer that he intends to sue for retaliatory discharge. In Lawrence, the Ohio Supreme Court held courts may delay the running of the 90-day notification period if the employee did not know he had been discharged within a reasonable time after the termination. | Legal Update: archive | 02-Oct-2012 |
| 16 | OSHA Issues Final Rule on Whistleblower Protections under ... The Occupational Safety and Health Administration (OSHA) has issued its final rule on whistleblower protections under the Surface Transportation Assistance Act of 1982 (STAA), as amended by the 9/11 Commission Act of 2007. | Legal Update: archive | 27-Jul-2012 |
| 17 | Final Regulations Issued on the Consumer Product Safety ... The Occupational Safety and Health Administration (OSHA) issued final regulations on July 9, 2012 on the whistleblower provisions of the Consumer Product Safety Improvement Act of 2008, establishing the final procedures and time frames for handling retaliation complains under the Act. | Legal Update: archive | 09-Jul-2012 |
| 18 | Jackson Lewis: New Connecticut Medical Marijuana Law This Law Firm Publication by Jackson Lewis LLP discusses a new Connecticut law permitting the palliative use of medical marijuana by qualified individuals with debilitating medical conditions. The law is administered by the Department of Consumer Protection (DCP) and takes effect on October 1, 2012. Connecticut is the 17th state to pass a medical marijuana law. | Legal Update: archive | 13-Jun-2012 |
| 19 | Constangy: Georgia Decision on "Diligent Job Search" for ... This Law Firm Publication by Constangy, Brooks & Smith, LLP discusses Brown Mechanical Contractors, Inc. v. Maughon, a recent Georgia Court of Appeals decision affirming the Georgia Board of Workers' Compensation's denial of benefits. The decision shows that the court will not infer that an applicant for temporary total disability workers' compensation benefits conducted a diligent job search based on a ledger of purported job searches. Instead, the court scrutinized gaps in the claimant's job search, the types of jobs for which the claimant applied and failures by the claimant to follow-up on job opportunities. | Legal Update: archive | 05-Jun-2012 |
| 20 | DOL Withdraws Proposed Regulations on Child Labor in ... The US Department of Labor (DOL) has withdrawn a proposed rule that would revise the child labor agricultural hazardous occupations orders. | Legal Update: archive | 27-Apr-2012 |
| 21 | Statute of Limitations for OSHA Recordkeeping Citations is Six ... The US Court of Appeals for the DC Circuit held that the six-month statute of limitations in the Occupational Safety and Health Act (OSH Act) applies to recordkeeping citations. This opinion overrules a prior Occupational Safety and Health Review Commission decision that extended the statute of limitations for recordkeeping violations by the five-year record retention period. | Legal Update: archive | 09-Apr-2012 |
| 22 | Stoel Rives: Utah Employees Can Rebut Presumption that ... This Law Firm Publication by Stoel Rives LLP discusses the Utah Court of Appeals' decision in Barron v. Labor Commission, finding that an employee can rebut the presumption of drug use as the major contributor to a workplace injury if controlled substances are found in the employee's system. In Barron, an employee's workers' compensation claim was denied because of a positive drug test. The Utah Labor Commission found that the employee must show that "some other force," rather than drug use, caused the injury to rebut the presumption. The Utah Court of Appeals overturned the decision, clarifying for the first time that evidence of non-impairment at the time of the accident can overcome the presumption that the drug use was the major contributing cause of the injury. | Legal Update: archive | 27-Mar-2012 |
| 23 | Fisher & Phillips: New Anti-smoking Law Signed by Indiana ... This Law Firm Publication by Fisher & Phillips LLP discusses Indiana's new anti-smoking law, signed by Governor Daniels. Under this law, smoking is prohibited in any place of employment, all public places and within eight feet of the entrance to either of these places. Employers must inform current and prospective employees of the prohibition. The law also prohibits discrimination and retaliation for reporting violations under this law. The anti-smoking law takes effect July 1, 2012. | Legal Update: archive | 23-Mar-2012 |
| 24 | OSHA Revises Right-to-know Hazard Communication ... The Occupational Safety & Health Administration (OSHA) issued a final rule revising its Hazard Communication Standard (HCS), which governs chemical labeling and employee training for hazardous chemical use in the workplace. The revisions adopt the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), which was developed by the United Nations and creates a uniform international classification and labeling system for hazardous chemicals. | Legal Update: archive | 22-Mar-2012 |
| 25 | Honigman Miller: Amendments to Michigan's Employment ... This Honigman Miller Schwartz and Cohn LLP memorandum discusses amendments to Michigan's unemployment insurance and workers' compensation laws, including notice that employers should consider providing to employees at the time of hire. These amendments went into effect on December 19, 2011. | Legal Update: archive | 10-Jan-2012 |
| 26 | DOT Agencies Issue Final Rule Prohibiting Cell Phone Use by ... The Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule, effective January 3, 2012, prohibiting commercial motor vehicle (CMV) drivers from using hand-held cell phones while operating their vehicles. | Legal Update: archive | 06-Jan-2012 |
| 27 | Jackson Lewis: New Nevada Law Bans Cell Phone Use While ... This Jackson Lewis LLP memorandum discusses Nevada's new cell phone law (SB 140) which bans any typing, entering text, or sending or reading data on a cell phone while operating a motor vehicle. Drivers may only talk on cell phones while driving if they use a hands-free device. Employers with employees who operate vehicles may be held vicariously liable for violation of the ban if an employee's cell phone use causes an accident while in the scope of employment. The law went into effect October 1, 2011, but formal enforcement will begin January 1, 2012. | Legal Update: archive | 18-Nov-2011 |
| 28 | Jackson Lewis: Oklahoma Makes Workplace Drug and ... This Jackson Lewis LLP memorandum discusses the substantial revisions to the Oklahoma Standards For Workplace Drug and Alcohol Testing Act (Okla. Stat. §§ 551 - 563). The revisions, which became effective on November 1, 2011, simplify the law and make it more employer-friendly. The revisions include reductions in written policy requirements and in the required notice period, and a replacement of the "reasonable suspicion" test with a "for cause" test based on a "reasonable belief" standard for employers. The revised law also permits testing of independent contractors under certain circumstances. | Legal Update: archive | 04-Nov-2011 |
| 29 | Ford & Harrison: California Enacts Safe Handling ... This Ford & Harrison, LLP memorandum discusses a recent amendment to the California Occupational Safety and Health Act of 1973 (Cal-OSHA) that requires hospitals to implement an injury prevention plan for workers who lift or move patients. Hospitals must train health care workers in safe lifting techniques, provide "lift teams" who are trained in the proper use of lifting equipment, and have a patient handling policy that reduces the manual repositioning of patients as much as possible. Furthermore, hospitals cannot discipline workers who refuse to move a patient out of concern for their safety or that of the patient. | Legal Update: archive | 25-Oct-2011 |
| 30 | OSHA Reopens Comment Period for Proposed Rule on ... The Occupational Safety and Health Administration (OSHA) extended the comment period to October 28, 2011 for a rule initially proposed on June 22, 2011 that would substantially change employer reporting obligations. The proposed rule would require employers to report work-related fatalities, in-patient hospitalizations and amputations within specific time periods, and revise OSHA's list of industries partially exempt from injury and illness recordkeeping requirements. | Legal Update: archive | 28-Sep-2011 |
| 31 | OSHA Issues Updated Whistleblower Investigations Manual An updated Whistleblower Investigations Manual has been issued by the Occupational Safety and Health Administration (OSHA). The new manual includes updated guidance for OSHA's handling of retaliation complaints under the whistleblower provisions of 21 statutes. | Legal Update: archive | 22-Sep-2011 |
| 32 | OSHA Issues Directive on Workplace Violence Inspections ... The Occupational Safety and Health Administration (OSHA) issued a directive on its enforcement procedures for investigating and inspecting worksites in response to incidents of workplace violence. | Legal Update: archive | 12-Sep-2011 |
| 33 | Third Circuit Clarifies Meaning of Serious Violation Under ... On August 16, 2011, in Secretary of Labor v. ConocoPhillips Bayway Refinery, the US Court of Appeals for the Third Circuit settled an interagency dispute over what constitutes a serious asbestos violation, holding that the case-specific evidence of exposure to asbestos is not necessary to prove a serious violation under Occupational Safety and Health Act (OSHA). | Legal Update: archive | 23-Aug-2011 |
| 34 | Therapeutic Exercise Considered Medical Treatment for ... An update on an OSHA letter of interpretation concluding that therapeutic exercise recommended by a health care professional in response to minor work-related pain falls under the definition of medical treatment and must be recorded. | Legal Update: archive | 09-Aug-2011 |