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 […]
The family of a railroad worker who was crushed to death in a train coupling incident can’t move forward with its lawsuit since the worker failed to follow safety rules, an appeals court determined. Because the worker failed to follow safety protocols for walking between rail cars and there was no evidence of liability on […]
California case law dictates UPS Ground Freight has to pay for its employees’ safety shoes, according to an appeals court’s Feb. 6 decision. The court found previous cases make it perfectly clear that California employers must pay for employee safety equipment, including steel-toed shoes. Cited for not buying boots Cal/OSHA issued a citation against UPS […]
Peer pressure can be a double-edged sword when it comes to safety: It can help convince workers to do the right thing, or it can push them to take unnecessary risks.
A New Jersey employer must reimburse an injured worker for medical marijuana, according to an appeals court decision.