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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Williams, Kilpatrick, and True PLLC’s attorney and partner, Melanie Kilpatrick, will be attending the KCA’s Annual Meeting this September 6th to the 7th. Speakers to look forward to: Michelle Bloodworth | President and CEO, American Coalition for Clean Coal Electricity (ACCCE) Mark Heath | OSHA Jurisdiction over Inactive and Abandoned Mine Properties Dave Zatezalo |…

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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 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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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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“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, and…

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There are many points of focus for business owners and managers in all industries. When we note on our employer-focused website at Williams Kilpatrick, PLLC that we routinely handle employment matters “from pre-hire through termination and all issues in between,” we are signaling a broad universe of considerations. One of those is employee misclassification. A…

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Few industries across the American landscape are as complex and fast-changing as mining. Indeed, we prominently cite to a single word on our law firm’s website to denote the essence of mining in Kentucky and nationally in the 21st century: turbulent. Although some people not closely involved with mining might think immediately of coal and…

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Safety is a top priority for mining operators, and with good reason: Mining is among the top ten most dangerous occupations according to the U.S. Bureau of Labor Statistics, with more than 25 fatalities per 100,000 workers. Managing hazards and ensuring safety compliance can go a long way toward reducing the risks inherent in the…

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No matter industry, Kentucky employers, who are focused on running a profitable business, are constantly challenged by new demands. Issues and regulations relevant to employment law come quickly to mind in any assessment of owners’ concerns. We note on our website that, “The laws governing employment grow more complicated and confusing every day.” We help diverse…

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