Despite having already received workers’ compensation, a teacher with diabetes can pursue a lawsuit against her employer for failing to accommodate her condition following a hypoglycemic episode that resulted in life-altering injuries. The New Jersey Supreme Court found the teacher’s workers’ compensation claim was not related to the failure-to-accommodate lawsuit so did not fall under […]
A Texas jury handed down a $222 million verdict to the widow of a worker killed in a 2018 steam accident at Evergy’s Jeffrey Energy Center power plant. Team Industrial Services, a subcontractor for Evergy, was found 90% responsible for the incident, which resulted in the scalding death of Evergy employee Jesse Henson and a […]
OSHA filed a lawsuit against a Texas hotel operator after an employee was allegedly fired for going to the hospital for treatment of carbon monoxide exposure that occurred on the job. The employee reported they were feeling ill from exposure to carbon monoxide, but the employer refused the request and then allegedly threatened to terminate […]
The former maintenance manager at a Williston, North Dakota, oilfield pleaded guilty March 8 to a felony charge of obstructing an OSHA investigation into a 2014 fatal explosion. Stephan Todd Reisinger, 50, the former maintenance manager with Nabors Completion and Production Services Company (NCPS), admitted he made false statements to OSHA regarding the contents of […]
Does control over safety at a worksite determine whether workers are employees or independent contractors? One of the last-minute labor regulations enacted by the Trump administration sets rules for determining whether workers are employees of a company or independent contractors. Published in the Federal Register on Jan. 7, 2021, Independent Contractor Status under the Fair […]
A Fillmore, CA, labor contractor was arrested and charged Nov. 25 for allegedly denying injured employees health and disability benefits and for failing to notify insurance carriers of injuries suffered by employees. Robert Delara, owner of Pacific Coast Farm Labor and B&R Farm Labor, was charged with three felony counts of violating the state Insurance […]
A worker claimed retaliation for reporting safety concerns about a drunk supervisor even though the employer never officially fired him, according to a North Carolina appeals court. The appeals court, like a district court before it, found there was ample evidence the employer fired the worker because it felt he was a threat to the […]
An Ohio appeals court found the family of a worker killed in a trench collapse can’t sue his employer for wrongful death for the incident even though the company received OSHA citations in the aftermath. Because the incident wasn’t caused by any specific intent to cause injury – and because the employer called for a […]
OSHA just lost one of its favorite tools for prosecuting heat stress cases thanks to an Occupational Safety and Health Review Commission judge’s decision. The judge ruled July 15 that OSHA’s use of the National Weather Service’s heat index chart in heat stress case lacks a scientific basis. OSHA used the heat index chart as […]
