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Employment Law News
U.S. Labor Department Cites Dover, Ohio, Pallet Manufacturer For Safety Violations
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $157,200 in fines against Inca Presswood Pallets Ltd of Dover, following the death of an employee in September 2006, for alleged multiple willful and serious violations of federal workplace safety standards.
OSHA opened an investigation after receiving notification that an employee was crushed while servicing a hydraulic press that had been disabled but not protected against accidental energizing by locking out potentially hazardous energy sources. OSHA issued four willful citations with proposed penalties totaling $126,000, alleging that the company failed to control potentially hazardous energy during machine repair or maintenance, adequately train employees on energy control procedures, and establish an energy control procedure.
"Taking certain safety steps with regard to hazardous energy sources, in circumstances such as this one, can make all the difference in preventing fatalities and serious injuries," said Deborah Zubaty, director of OSHA's area office in Columbus, Ohio. "It should not have been difficult to recognize the hazard and prevent this occurrence." Read more at osha.gov.
Laws prohibit the termination of an employee in retaliation for filing a workers compensation claim
The Workers’ Compensation statute in one state, NJSA 34:15-39.1 only prohibits the termination of an employee in retaliation for filing a workers compensation claim or for testifying at a workers’ compensation hearing. If you feel you were terminated for these reasons, one alternative is the filing of a discrimination complaint against your employer with the Division of Workers’ Compensation. Then contact our lawyers.
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Definition:
enforces Title I of the ADA against private employers and the Disability Rights Section, Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state and local government employers. Title I of the ADA designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act.
Undue Hardship
Definition:
With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.
Full Time Employment
Definition:
Defined by the U.S. Bureau of Labor Statistics as employment of 35 hours or more in a week.
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