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Employment Law News
OSHA Joins with New York State Workers' Compensation Board To Reduce Injuries And Illnesses
NEW YORK -- Helping New York State employers reduce and prevent their employees' exposure to workplace safety and health hazards is the goal of a new alliance between the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) and the New York State Workers' Compensation Board (NYSWCB).
"Our mutual goal is to equip the state's employers and workers with the knowledge to identify workplace hazards and prevent occupational injuries and illnesses," said Patricia K. Clark, OSHA's regional administrator. "We will also inform them about the positive impact of safer workplaces on their bottom line."
Under the alliance, the two agencies will work together to develop and deliver training and education programs to NYSWCB constituents that will utilize job hazard analysis, "safety pays" tools and workers' compensation information. They will also share best practices and effective approaches with industry safety and health professionals.
The alliance will encourage NYSWCB constituents to build relationships with OSHA area offices and will encourage their participation in OSHA's cooperative programs, including the Voluntary Protection Programs (VPP), safety consultation, strategic partnerships and the Safety and Health Achievement Recognition Program (SHARP).
The alliance was signed by Clark; Richard A. Bell, NYSWCB executive director, and the following OSHA area directors: Chris Adams (Syracuse); Diana Cortez (Tarrytown); Arthur Dube (Buffalo); Edward Jerome (Albany); Patricia Jones (Long Island); Robert Kulick (Avenel/Staten Island) and Richard Mendelson (Manhattan).
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:
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII.
Readily Achievable
Definition:
Easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include nature and cost of the action, overall financial resources and the effect on expenses and resources, legitimate safety requirements, impact on the operation of a site and, if applicable, overall financial resources, size and type of operation of any parent corporation or entity.
Uniformed Services Employment and Reemployment Rights Act
Definition:
The Uniformed Services Employment and Reemployment Rights Act seeks to ensure that members of the uniformed services are entitled to return to their civilian employment upon completion of their active duty military service.
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