Let’s Clear the Air on Environmental Coverage

Deep breath in. Can you smell the fresh air? Maybe…maybe not…depending on where you are. Earth day is April 22, and I couldn’t think of a better time than now to share some basic information about Environmental Liability, also known as Pollution Liability. If you have a General Liability policy, why would you need Environmental Liability? You should be covered, right? Well, that may not be the case. Environmental Liability was introduced in 1978 and was created as a way to close the … [Read more...]

A Sigh of Relief for Ammonia Retailers…For Now

If you heard a loud, collective sigh of relief recently, it may have been from anhydrous ammonia retailers, and if you’re one of those retailers, you know why! The retailers were told they wouldn’t have to implement the Occupational Safety and Health Administration’s (OSHA’s) Process Safety Management (PSM) Standard (at least for now). The reason for the reprieve? OSHA’s failure to follow federal rulemaking requirements. Why is this a big deal? Well, a typical retailer would have struggled to … [Read more...]

A Sigh of Relief for Ammonia Retailers…For Now

If you heard a loud, collective sigh of relief recently, it may have been from anhydrous ammonia retailers, and if you’re one of those retailers, you know why! The retailers were told they wouldn’t have to implement the Occupational Safety and Health Administration’s (OSHA’s) Process Safety Management (PSM) Standard (at least for now). The reason for the reprieve? OSHA’s failure to follow federal rulemaking requirements. Why is this a big deal? Well, a typical retailer would have struggled to … [Read more...]

New OSHA Anti-retaliation Rule Causes Confusion and Concern

Remember that little (OK…actually very big) rule R.W. Smith recently told you about — the Occupational Safety and Health Administration (OSHA) anti-retaliation rule? Well, it went into effect December 1, 2016, and, to be blunt, it’s causing a lot of confusion and concern. Employers are struggling to understand how elements of the rule will affect the administration of post-accident drug testing, incentive programs, and disciplinary actions for safety infractions. To break it down a little bit, … [Read more...]

New OSHA Anti-retaliation Rule Causes Confusion and Concern

Remember that little (OK…actually very big) rule R.W. Smith recently told you about — the Occupational Safety and Health Administration (OSHA) anti-retaliation rule? Well, it went into effect December 1, 2016, and, to be blunt, it’s causing a lot of confusion and concern. Employers are struggling to understand how elements of the rule will affect the administration of post-accident drug testing, incentive programs, and disciplinary actions for safety infractions. To break it down a little bit, … [Read more...]

Learning from Our Mistakes

In high performing companies, systems and processes are resources that make the job more consistent and easier. Developing these effective programs can be a significant challenge due to the culture of an organization. One of the best ways to influence the culture is to encourage involvement and establish a climate of continuous improvement. Quite frankly, one of the most successful and impacting programs I’ve had the opportunity to work on is the reporting of near misses or hits. Let me set the … [Read more...]

Learning from Our Mistakes

In high performing companies, systems and processes are resources that make the job more consistent and easier. Developing these effective programs can be a significant challenge due to the culture of an organization. One of the best ways to influence the culture is to encourage involvement and establish a climate of continuous improvement. Quite frankly, one of the most successful and impacting programs I’ve had the opportunity to work on is the reporting of near misses or hits. Let me set the … [Read more...]

Anti-retaliation and Commercial Driver Rules Could Substantially Impact Employers

I know, I know…many of you have been holding on to the edge of your seats, anxiously awaiting the update of the Occupational Safety and Health Administration (OSHA) anti-retaliation rule announced in my previous blog. Well, guess what? I have an update for you. The courts have made a decision, and the impact it could have on employers is substantial. I also have new, critical information that needs to be shared if you have commercial drivers working for you. OSHA Anti-Retaliation Rule Update As … [Read more...]

The Letters You Shouldn’t Toss, Bury, or Ignore

Have you ever had to part ways with an employee? How’d that turn out for you? Hopefully it went smoothly. At some point, every employer faces the situation of parting ways with an employee. Most times, the separation goes well. However, what happens when — a few months after an employee’s separation — a letter directly from the former employee or a letter branding the Equal Employment Opportunity Commission (EEOC) logo shows up on your desk? Do you ignore it and file it away but never open it? … [Read more...]

OSHA Anti-retaliation Rule: Helpful or Overstepping Bounds?

It depends on who you’re talking to. I’ll get to that in a minute, but first I want to provide you with an important update. This past week, the Occupational Safety and Health Administration (OSHA) agreed — for the second time — to delay enforcement of the anti-retaliation provisions in its Injury and Illness Tracking rule until December 1, 2016. Background In May 2016, OSHA released new updates to its Recordkeeping Requirements that would require many employers to electronically report their … [Read more...]