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Workplace Safety and Health Law Blog

Posts from May 2017.

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of care for other entities’ employees.  In Ryan v. TCI Architects/Engineers/Contractors, Inc. et al., the Court ruled that a general contractor’s “form contract” with its client caused it to assume a duty of care to keep a worksite safe for a sub-subcontractor’s employee—even though the general contractor’s subcontract placed the onus of securing employee safety on the subcontractor.  — N.E.3d —, 2017 WL 148885 (Ind. Apr. 26, 2017).  As a result of this ruling, a general contractor can potentially be liable to a subcontractor’s employee who suffers a workplace injury.

OSHA has now officially withdrawn the so called “Volks Rule” that had attempted to set a 5 year limitations period for OSHA Recordkeeping violations.  The rule received its nickname from the D.C. Circuit Court case that held there was only a 6 month limitations period pursuant to the OSH Act, and the rule was OSHA’s attempt to undue that Circuit Court ruling by promulgating the new regulation in the waning days of the Obama Administration

During his April 25 press conference, Dale Jr. stated that his recent concussions, the latest suffered during the 2016 season, led to his decision to retire. He said he wanted to “leave on his own terms.” Dale Jr. was concerned that a future injury may not only end his career but permanently impact his health if he remained in a racecar.

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