February 2016 Archives

TEN (IN)FREQUENTLY ASKED QUESTIONS ABOUT WORKPLACE SAFETY

John M. Williams (williams@rwktlaw.com)

Typically, lawyers only get questions after legal problems arise. What do I do now? What are my rights? How can I defend this? The best questions often go unasked. This isn’t to suggest that the best question is the most complex. The best are those that, if answered, prevent rather than minimize legal issues. Below are ten questions every employer should ask. If they aren't frequently asked, they should be:

STUDENT ATHLETES CRY "FOUL" UNDER FLSA

Melanie Kilpatrick (kilpatrick@rwktlaw.com)

On Tuesday, a decision was issued by the U.S. District Court finding that student athletes who play on NCAA teams are not "employees" entitled to minimum wage payments under the Fair Labor Standards Act ("FLSA").  At first glance, it might seem that this decision does not impact typical employer-employee relations, but it serves as a reminder that it can be easy to run afoul of the federal wage-and-hour provisions when hosting unpaid internships.

MSHA IMPLEMENTS PHASE II OF DUST RULE

John M. Williams (williams@rwktlaw.com)

On February 1, 2016, Phase II of the Mine Safety and Health Administration’s respirable dust regulations took effect. Underground coal miners will now wear Continuous Personal Dust Monitors to provide real time analysis of exposure to respirable dust. The goal is to use this real time monitoring to immediately address excessive exposure to coal dust. Operators must also post the results of this sampling within 12 hours of the sampled shift. Any miner who has shown evidence of black lung disease (coal worker’s pneumoconiosis) must be given the sample results within an hour of the start of his or her next work shift.

REMINDER: OSHA INJURY AND ILLNESS POSTINGS

John M. Williams (williams@rwktlaw.com)OSHA has issued its annual reminder for employers to post a copy of their OSHA Form 300A summarizing job-related injuries and illnesses in 2015. The notice must be posted in a common area between February 1 and April 30. For more information on the record keeping rule, including exemptions, see the OSHA website.©RAJKOVICH, WILLIAMS, KILPATRICK & TRUE, PLLC 2016

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