Secure Your Occupational Future: Safeguarding Licenses in Kentucky’s Complex Landscape

September 2023 Most people know that doctors, nurses, lawyers, and engineers are licensed to practice their professions. In fact, Kentucky’s Department of Professional Licensing has over 20 boards that regulate these various professions. Did you know that beyond these traditional professions, there are many other occupations that require licensure in Kentucky? Cosmetologists, barbers, HVAC contractors,…

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New Developments in OIG and CMS Compliance Audits

By Tricia A. Shackelford, Esq. | June 20, 2022 As we approach the third quarter of 2022, it appears that life is beginning to normalize.  The initial response of the Department for Health and Human Services to the COVID-19 crisis was geared toward providing a safety net for our healthcare system.  Earlier this year, however,…

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Tips for Your Company’s Emergency Action Plan (“EAP”)

If you have more than 10 employees, the Occupational Safety and Health Administration (“OSHA”) requires that your company’s Emergency Action Plan (“EAP”) be in written form. What are the minimum requirements of an EAP? 29 CFR § 1910.38(c) requires that an EAP include: Means of reporting emergencies; Evacuation procedures and escape routes; Procedures for employees…

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FMSHRC Rules on Correct Standard for Approval of Settlements

On August 2, 2018, the Federal Mine Safety and Health Review Commission (“Commission”) issued a decision in Secretary v. The American Coal Company, Docket No. LAKE 2011-13, reiterating the correct legal standard to be applied by the Commission and its administrative law judges (“ALJs”) in reviewing proposed settlements.   The Commission held that, in effectuating…

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OSHA: “Five Contractors Cited Following Fatal Kentucky Shipyard Explosion”

“OSHA cited five contractors for safety and health violations after three employees were fatally injured and two others critically injured following an explosion on board a towboat. The five companies collectively received 55 violations with proposed penalties totaling $795,254. The employers were ship repair contractor First Marine, LLC, which has been placed in the agency’s Severe Violator…

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Sixth Circuit Rules on Appointment of FMSHRC ALJs

On July 31, 2018, the United States Court of Appeals for the Sixth Circuit issued a decision in a case Noelle Holladay True from our firm is handling, Jones Brothers, Inc. v. MSHA, Case No. 17-3483, ruling that the Federal Mine Safety and Health Review Commission (“Commission”) did not properly appoint the administrative law judge…

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OSHA Advises on Heat Hazards for Workers

Every year, thousands of workers become sick from occupational heat exposure, and some are fatally injured. These illnesses and fatalities are preventable. The heat index is high and summer has just begun. OSHA is advising employers throughout the U.S. to protect their workers from heat-related hazards or illnesses by utilizing preventative methods. “While workers in construction, agriculture,…

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Worker Misclassification: Employees Vs. Contractors

There are many points of focus for business owners and managers in all industries. We routinely handle employment matters, from pre-hire through termination and all issues in between. One of those is employee misclassification, noted by Forbes as a distinct and growing problem. This is true even for the most careful employer acting in good faith…

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America’s Mining Industry: Dynamic, Complex And Ever-Evolving

In the intricate tapestry of American industries, few are as dynamic and rapidly evolving as mining. At Williams Kilpatrick, PLLC, we encapsulate the essence of mining in the 21st century with a single word: turbulent. While coal mining may be the initial image that comes to mind for those less acquainted with the industry, the…

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