OSHA | Williams Kilpatrick, PLLC

WK Partner Presented at ABA’s Mid-Winter Meeting

The Occupational Safety and Health Law Committee of the American Bar Association’s Labor and Employment Section held its mid-winter meeting on March 3rd to the 6th in Palm Springs, California. The meeting featured a full day of MSHA programming with many EMLF members speaking and a full OSHA program as well. One of Williams Kilpatrick’s…

Federal Audits Show Gross Mishandling of KY Department of Workplace Standards

After federal audits showed serious mishandling of the Kentucky Department of Workplace Standards last year, Dwayne Depp, Commissioner of the Department, has since acknowledged “that agency culture, a lack of accountability and staffing shortages had often led to poor investigations.” Since the investigation has brought to light internal issues, Depp now claims that the Department…

Top 10 Most Frequently Cited Construction Violations

Top 10 Most Frequently Cited Construction Violations – 2018 (from OSHA Website, as of Sept. 30, 2018)

Snow Season Workplace Safety Advisory

When winter comes around, workers are faced with potential hazards that result in becoming seriously injured or killed during snow (or ice) removal from buildings and homes. According to OSHA, in the past 10 years, they have investigated “16 serious injuries or fatalities.” These 16 incidents could have all been prevented. It is crucial for…

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…

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…

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…

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,…

OSHA: An Acronym Kentucky Employers Know Well

In the dynamic landscape of Kentucky business, the pursuit of profitability goes hand in hand with the responsibility of ensuring workplace safety. At Williams Kilpatrick, PLLC, we recognize that a company’s most valuable asset is its people. Prioritizing workplace safety not only makes good business sense but is also a moral imperative. Our firm sheds…

What to Expect During an MSHA Mine Inspection

The Mine Safety and Health Administration (MSHA) division of the U.S. Department of Labor is required to inspect surface mines twice a year, and underground mines four times a year. Additional inspections are required for mines with higher levels of toxic gas and/or explosives, as well as those that are reported due to hazardous conditions. Knowing what…