labor lawAdivision of labor law center

OSHA is once again addressing regulations on combustible dust hazards in the workplace.

The U.S. Department of Labor recently announced that OSHA will issue an Advance Notice of Proposed Rulemaking on this controversial topic. The new regulations will address issues such as:

• Defining combustible dust
• Hazard recognition
• Assessment
• Communication 

OSHA has asked employers, unions, workers and other interested parties to weigh in with their thoughts on the new regulations and related enforcement methods.

Tragically, a number of workplace deaths have resulted from combustible dust explosions in the past few years. An explosion at an Imperial Sugar Co. plant explosion in Port Wentworth, Georgia killed 14 workers in February, 2008. OSHA levied $9 million in fines against the owners.

In April 2009, 3 workers lost their lives (more…)

Although the worst of the Swine Flu scare is past, it is still smart for every employer to have a plan in place for an pandemic – a global influenza epidemic.

OSHA, the federal Occupational Safety and Health Administration, has partnered with the Southern California Education and Research Center to provide worker free safety seminars to employers.

The Southern California Education and Research Center based at UCLA is offering a one-hour webinar for employers, Preparing Your Business to Survive Pandemic Flu and Other Disasters.

Scientists say that new strains of influenza mutate spontaneously every year, so the risk will remain high for many years to come.

The SCERC offers three one-hour workshops onsite for businesses or organizations.

Topics include:  

1. Pandemic Flu – What Is It? How Can It Affect My Business?
2. Pandemic Flu – Hazards, Prevention and Exposure Reduction
3. Planning Workgroups: Individual Planning Exercises  

Employers can schedule a workshop with one, two or all three sessions.

The presentations address:

• Basic influenza info for all employees
• Operations panning for a major influenza outbreak
• Financial issues for Human Resources Pros
• Supply chain interruption
• Retaining Customers
• Resources 

For employers who prefer to participate in these free Swine Flu seminars online, there are two (more…)

The CDC has issued an alert on Swine Flu, the H1N1 virus also called Swine Influenza A.

The complete OSHA guidance on Swine Flu Preparedness is available free to employers.

Although no immediate danger exists, Department of Homeland Security Secretary Janet Napolitano has declared a public health emergency in the U.S.

The possibility of a global influenza epidemic – or pandemic – is not recent. For years, OSHA has recommended that every employer have plans in place for a major influenza epidemic, just as they have emergency plans to cope with a power outage or a severe winter storm.

A global influenza epidemic would occur when the flu virus mutated to produce a new strain. The popular flu shots would not be effective against the new strain. That is exactly the current situation with the swine flu.

There is no evidence that the current swine flu outbreak in Mexico will become a pandemic – but it is the type of flu that is most likely to cause a pandemic. This is a great time for employers to review their emergency precautions.

There has not been an influenza pandemic  since1918. The Spanish Flu afflicted 50% of the world’s population, affecting people in every city and town. About 50 million people died, a number comparable to 33% of the population of Europe at the time. The pandemic killed more people than World War I. 

Seasonal influenza outbreaks are usually fatal only to small children, the elderly and those with major health problems. Pandemics occur when a new strain of the virus appears, because humans have no antibodies to fight the new strains. Most of those who died from the Spanish Flu were otherwise healthy young people in their late teens, twenties or early thirties.

Because there would be no defense against the flu during a pandemic, employers are urged to have plans in place to minimize contact between employees. This would include allowing employee to work from home, and scheduling conference calls or remote meetings using laptop cameras, rather than face-to-face business meetings. They also urge that businesses such as retail stores use delivery or drive-thru windows to minimize contact between employees and the public.

During a pandemic, most businesses would suffer staffing shortages due to the absence of afflicted workers. Theaters, malls, restaurants and other public gathering places would likely be deserted, as people remained isolated in an attempt to avoid spreading the flu.

However, certain businesses would likely be overwhelmed by demand during an influenza pandemic. Pharmacies and grocery stores would experience unusual demand. Hospitals, doctor’s offices and clinics might be overwhelmed. Employers should make plans now – before they are needed – to deal with those situations.

OSHA has ordered a Connecticut air cargo carrier to withdraw a lawsuit for defamation against 9 former employees and pay them more than $7.9 million in wages, damages and legal fees.

Southern Air, Inc.  specializes in long haul, heavy-lift air freight operations using the company’s B747 fleet of cargo planes.  Based in Norwich, the company has been in operation since 1999 when it acquired the fleet of the former Southern Air Transport Company.

Southern Air filed a defamation suite against 9 former employees in Connecticut Superior Court in May 2008 after some of the workers raised safety concerns with Southern Air, OSHA and the FAA or Federal Aviation Administration. The workers were all former flight crew members and subsequently filed a whistleblower complaint with OSHA.

OSHA’s investigation found that the company’s lawsuit was filed in retaliation for the worker’s  protected activities under the whistle bower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century or AIR21.

“This order sends a strong and clear message that these and other workers have the right to raise safety issues with their employers and regulatory agencies without fear of retaliation and intimidation,” (more…)

On April 2, 2009 the U.S. Department of Labor issued additional regulations regarding the COBRA Premium Reduction under ARRA, the American Recovery and Reinvestment Act of 2009.

Under the ARRA, employees who were involuntarily terminated between September 1, 2008 and December 31, 2009 can keep their group health insurance and pay just 35% of the usual premium. The remaining 65% of the health insurance premium is paid by the federal government, through a credit on the employer’s quarterly payroll taxes.

Because of the new program, terminated workers who initially declined COBRA now have an opportunity to sign up for it, during the Special COBRA Election Opportunity. Each employer or COBRA administrator must inform eligible workers by April 17, 2009 of the opportunity to elect COBRA coverage at the subsidized rate. The Special COBRA Election Opportunity period began on February 17, 2009 and ends 60 days after the plan provides the required notice.

The COBRA Premium Reduction is in place for 9 months. During that time, employees pay just 35% of the total COBRA premium.

The COBRA Premium Reduction does not extend COBRA coverage for a longer period – in most cases, the employee is eligible only for coverage for 18 months.

A number of states have extended COBRA-style coverage to employers with fewer than 20 workers on group health insurance. While the COBRA subsidy does apply to these smaller “state plan” employers, the Special Election Opportunity does not. Employees who are terminated today (more…)