Compliance Stuff

The Occupational Safety and Health Administration (OSHA) has increasingly emphasized that stress, anxiety, and burnout can contribute to accidents and reduced productivity, making mental wellness a significant part of its modern safety framework since the agency released a fact sheet on workplace mental health in 2024. 0:00 4:40 Quick Hits OSHA is making mental wellness a significant part of its modern safety framework. Employers may want to ensure that their safety and health management systems include worker input to ensure psychologically safe environments. Psychological risk prevention may include employee assistance programs, leaves of absence accommodations, and other accommodations to prevent and mitigate risk exposure. Psychological safety refers to the mental and emotional well-being of workers in the workplace, including well-being following traumatic workplace events, high-stress work environments, and employee substance use disorders. Improved psychological safety is dir...

  When an employee stops showing up to the office, talks about wanting to give up, or appears impaired during work hours, managers and HR staff might feel unsure how to respond . But you can be supportive while also addressing legal obligations, safety, and business needs through a bit of planning, training, and resources. While employers are generally not mental health professionals, you can play a critical role in identifying warning signs and connecting employees with the support they need . Here are eight practical steps to help your managers and HR department respond in real time to serious and sensitive situations, as well as the key legal points to keep in mind. Call for Help Immediately in Emergencies First and foremost, you should call 911 in critical situations, such as when an employee expresses intent to self-harm imminently. You should also consider directing employees to 988, the National Suicide and Crisis Lifeline. When you have a specific concern about an employee’...

A recent federal appeals court ruling illustrates the risks of “single-employer” liability for OSHA citations for common business arrangements today. These involve separate companies that perform different functions but share certain commonalities, such as a worksite, corporate policies, management, or ownership. The 11th U.S. Circuit Court of Appeals’ decision last month serves as an important reminder for companies that use similar business models, which are especially prevalent in the healthcare industry . We’ll explain what happened in the Florida case and give you four steps to help avoid single-employer liability across multiple businesses. What Happened? The 11th Circuit  ruled on June 18  that a F lorida psychiatric hospital and a hospital management company operated as a single employer for liability purposes under the Occupational Safety and Health (OSH) Act. This “single employer” determination allows the Occupational Safety and Health Administration (OSHA) to cit...

  April marks Workplace Violence Awareness Month, a time dedicated to emphasizing the risks of workplace violence and necessary steps for prevention . This month serves as a crucial opportunity for employers to reassess their workplace violence policies, ensure compliance with evolving laws and regulations, and minimize liability. All employers should be mindful of the Occupational Safety and Health Act’s (“OSH Act”) General Duty Clause. The OSH Act generally requires that employers implement sufficient safeguards to protect the health and safety of employees from recognized workplace hazards. The General Duty Clause requires that employers identify and assess safety risks, including those related to workplace violence, and implement proactive measures to prevent accidents and injuries. Failure to meet these obligations can result in legal consequences and citations issued by the Occupational Safety and Health Administration (“OSHA”). Recently, an Administrative Law Judge (“ALJ”...