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Workplace Safety and Health Law Blog

Posts from September 2019.

Every year, the CSEA competition results in a lengthy list of construction safety best practices gleaned from the numerous competitors for the Construction Safety Excellence Awards. Treat this year's 44-page booklet as a smorgasbord of safety ideas. Pick a few that might improve or enliven your culture and safety efforts.

Although numerous OSHA leadership positions remain unfilled, OSHA has announced a new Director for the OSHA Directorate of Construction.

Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’ Compensation Act states that employers in compliance with the Act are protected from all other claims and remedies that could be brought by employees, dependents, next of kin, or representatives in the event of a workplace injury or death.

Most employers are aware that the Occupational Safety and Health Administration can issue monetary penalties for health and safety violations occurring in the workplace. Many employers also know that in particular circumstances, OSHA can issue criminal sanctions. However, what employers may not know is that OSHA has also been referring workplace safety violations to state district attorney offices in fatality cases. A district attorney then reviews the case to determine if a company owner should be individually charged with manslaughter or other state criminal violations. 

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