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Workplace Safety and Health Law Blog

Posts from December 2016.

Before last week, late 1980s pop singer Richard Marx had not made news headlines since, well, the late 1980s. Over 20 years ago, Marx was very well known for his smooth tenor vocals and flowing mane of hair. He hit his peak when his popular song “Right Here Waiting” – the video for which has been viewed over 110 million times on YouTube – made it to number one on the Billboard Top 100 in 1989. Marx was not, however, widely viewed as someone who could teach lessons about best practices in workplace safety (although he did have a 1992 hit called “Hazard”).

With the exception of Immigration enforcement, I doubt that we will see as vigorous an increase in new employment law requirements and enforcement under the Trump Administration as under President Obama’s tenure. Therefore, I’m returning to the practical day to day subjects which continue to generate employer legal and safety claims or to increase profitability and success … depending on whether one in fact utilizes not-so-common sense.

I enjoy December’s “End of the Year” and “Best of the Year” Lists, especially for books, movies, beer and wine. Of course we also see the annual “Worst of the Year” lists, and as a defense-oriented attorney, I’m always fascinated by the annual “Judicial Hellholes” List.

It’s the first of December. Significant changes in workplace safety law take effect today.

OSHA’s new drug testing and anti-retaliation rule, which alters the circumstances when drug testing can be conducted and reemphasizes the protections for employees to report injury and illnesses without fear of retaliation, is now in effect. The final rule, which has likely led to more calls to our firm than any other change we’ve seen this year, contains three key provisions of which employers should be aware.

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