Howard Mavity
Atlanta
As seen in:
JD Supra,
Lexology,
EHS Today,
Human Resource Executive,
TLNT,
4Hoteliers,
LexBlog,
Reliable Plant Magazine
Workplace Safety/Catastrophe Management Chair (Fisher & Phillips) focusing on safety, HR, employment law, (un)common sense, good bourbon, wine, movies and books
Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Howard Mavity
For the second time in a week, key members of the healthcare provider community are the focus of an announcement promising more pandemic-related scrutiny from a federal agency. The Occupational Safety and Health Administration (OSHA) just announced an enforcement memorandum changing its COVID-19 Inspection Targeting from general industry and healthcare to primarily focusing on hospital and skills nursing care facilities that treat or handle COVID-19 patients.
Don’t Know What to Do While the OSHA Mandate-or-Test Vaccine ETS is in Litigation Limbo? Here’s a 3-Step Approach for Employers | JD Supra
You’ve digested the detailed FAQs on OSHA’s mandate-or-test vaccine ETS, you’ve read about the rule being blocked by a court order, and you know that a conservative appeals court now controls the fate of the rule (for now). But you also know that the ETS could get jolted back to life at any moment, either by a surprise appeals court ruling or by a final ruling from the U.S. Supreme Court.
Labor Department Guidance On Mandatory Postings Poses Challenges for Remote Workplaces | JD Supra
Where should an employer post federally required posters when many or most employees are working remotely? The U.S. Department of Labor (USDOL) recently released a Wage and Hour field assistance bulletin on December 23 addressing when electronic notice of notice will satisfy the notice requirements under various federal statutes. Before you throw away all your posters, however, here is what employers need to know about this new communication from the USDOL.
DOL Temporarily Shuts Down OSHA Injury Reporting Portal Because of Possible Data Breach
DOL Temporarily Shuts Down OSHA Injury Reporting Portal Because of Possible Data Breach According to Bloomberg BNA, the Labor Department temporarily shut down OSHA’s (ITA) “Injury Tracking Application” portal for employers to report injuries and illnesses so that OSHA can investigate a “potential compromise” of a company's electronic data. The Homeland Security Department informed the Occupational Safety and Health Administration on Aug.
Are We Ever Going to Get OSHA Guidance from the Trump Administration?
No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica standard, or a host of other issues. Republicans cannot solely blame the Democrats and the “Resistance” movement for the delay in thousands of appointments. The administration seems to be distracted by legal claims and to have little interest in appointing crucial agency leaders.
A Fast and Furious Safety, Labor and HR Update 1 (3/26/16)
A New Approach to My Posts Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards. I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks! However, I often read an article or have an experience which merits discussion, but I don’t have the time to prepare my preferred detailed analysis.
The Risks of Cutting Maintenance Costs
Howard Mavity, Fisher and Phillips LLP In our competitive environment, every manufacturer struggles to do more with less and to find capital for "nonproduction" areas, such as maintenance, safety, training, housekeeping and human resources.
EEOC Clarifies That Employers Cannot Require COVID-19 Antibody Tests | JD Supra
The EEOC further revised its guidance to employers to clarify that it does not deem workplace antibody testing lawful under the Americans with Disabilities Act (ADA). COVID-19 antibody tests have recently been touted as a way to help prevent infection spread in the workplace, as they could be incredibly useful to employers – if deemed effective and reliable.
Georgia Employers Receive Guidance On Governor’s Back-To-Business Order | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Georgia Governor Issues Statewide Shelter-In-Place Order Further Impacting Business Community Amid COVID-19 Crisis | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Fulton County (GA) Issues Order Further Impacting Business Community Amid COVID-19 Crisis | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Coronavirus Email that HR will be Sending to the CEO on Monday, March 3 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Coronavirus Email that HR will be Sending to the CEO on Monday, March 3.
At FP we’re confident in the US’ ability to weather the challenges of the COVID-19 virus, but we believe that it will be more challenging and will create more fear and disruption and SARS or other pandemics. We’ve been responding this weekend to employers that have employees scared because of the two deaths in Washington State. The NW is the canary in the coal mine for how employers will react to employee fears and the real challenges of this illness. Emails like this one may be flying as we type.
New Devlopments About Coronavirus Transmission and US Travel Restrictions. | JD Supra
UPDATED February 3, 2020. As we stated in our January 27th Alert, employers must continue monitoring and responding to developments and acting accordingly to protect their employees, assets, and brand. The general approach toward managing employee issues has not changed much—even with the February 2nd US travel restrictions. As of February 2nd, China had reported 14,411 cases, which has surpassed the 8,098 worldwide cases attributed to the 2003 SARS outbreak.
Coronavirus Guide For Employers: Be Proactive, But Don’t Panic | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Plan for the Novel Coronavirus 2019-nCoV, but Don’t Forget about the Seasonal Flu. | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Coronavirus Guide For Employers: Be Proactive, But Don’t Panic | Lexology
Although news outlets may be preoccupied with alarming updates about the spread of coronavirus – including several cases identified in the United States – employers don’t need to panic quite yet. As of today, the Centers for Disease Control and Prevention has labeled the current coronavirus outbreak as a serious public health threat but one where the immediate health risk to the general American public is considered low.
Worrying Challenges in Performing Embedded or Plant Shutdown Work. | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OSHA Appoints New Director of Directorate of Construction (DOC). | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
I don't have a SOP for that issue. | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The ABCs Of CBD For Employers | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The ABCs Of CBD For Employers | Lexology
An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair employees? If an employee or applicant tests positive on a drug test and blames seemingly innocuous use of CBD, what should we do? Should it be permissible to allow use of CBD products in a zero-tolerance workplace?
Damned if You Do – Damned if You Don’t – How Much Can I say? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Workplace HR and Safety Lessons from Movies: “Untouchable” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Web Exclusive: Blast From The Past? Handling Tuberculosis Fears In The Modern Workplace | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Safety and HR Lessons from Movies – First Man. | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
What’s Next Now that OSHA Rescinded Part of the Electronic Recordkeeping Requirements? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Appeals Court Clamps Down On OSHA Investigations | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Appeals Court Upholds Decision limiting the Right of OSHA to Expand Inspections. | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Man Bites Dog: Union Strikes and Publically Attacks Hotel Brand because of its Go Green Effort. | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Practical Lessons from 911. | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
What’s Up with OSHA’s New Electronic Recordkeeping Requirements? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Do Zero Tolerance Policies Make Zero Sense? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
An Attorneys Perspective on Combustible Dust Compliance | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Just Released Quest Diagnostics 2017 Drug Testing Index Results Show Startling Changes Affecting Employers. | JD Supra
It's deja vu all over again. All employers should review the yearly release of Quest Diagnostics’ Annual Drug Testing Index, which since 1988 has provided the nation’s most accurate information on employee drug use changes. I quoted the sage, Yogi Berra for several reasons to frame my discussion of trends.
What You Need To Know About Standing Desks : 4Hoteliers
With articles flooding the news about the health benefits of standing desks, the traditional office setting has seen a trend of employee requests for standing desks or variable workstations that would allow the worker to sit or stand at their leisure throughout the day. How should you respond to such inquiries? Should you always provide employees with standing desks upon request? Are you ever required to provide an employee with a variable desk?
Stand Fast, Employers: What You Need To Know About Standing Desks | JD Supra
As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit behind a desk all day want the option to stand while doing work.
Weekly Round Up - February 4, 2018
Mercifully, this has not been a week of big OSHA developments, so we focus on practical observations on safety compliance and on managing OSHA inspections. Because safety professionals in particular, and managers in general, need to know more than their discipline, we reference employment law developments which affect safety and other business areas.
Howard’s Weekly Roundup - January 27.
Thanks for the input on topics you’d like to see and on your own observations to reference in the weekly Update. In order to keep this report short, we’re shifting most book, movie and certain other categories to the full Update, which can be found at Howardmavity.com. We’ll also cover many of these subjects in the Podcast and two related domains will soon be up and involve a number of FP attorney and guests.
Howard’s End of the Week Roundup - January 21
I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought leaders argue that law firms should broaden their content. I believe that an effective manager or executive is a whole person and their interests and needs are broad. Can one be an effective leader without good health, knowledge, ethics, and happiness?
An Update from AGC’s Winter National Safety Committee Meetings.
Folks who follow my writing know that of the many groups to which I speak, the AGC National Safety Committee is my favorite. I love the industry and I value the clients and contacts who have become friends, even Bob Emmerich, Jim Goss, Bo Cooper, Rick Reubelt, Carl Heinlein, Kevin Turner, Tommy Lee, and of course, our AGC leader, Kevin Cannon.
Howard’s End of the Week Roundup. January 6, 2017
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
Chronic Dispute: What The Sessions Marijuana Memo Means For Employers
Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating any doubt about his position against the trend towards legalization.
End of the Year Whirlwind for Labor and OSHA Matters! Part II of III - NLRB.
No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger us with numerous end-of-the-year changes in a TWO-WEEK PERIOD. Gotta keep it dramatic ….
American Voters Got Coal in their Stocking from Senate Dems: Over 100 Nominees Must be Re-nominated.
Now career government workers cannot do their jobs because dozens of empty leadership positions remain unfilled. Before you complain that some of Trump’s nominees are underqualified – you are correct – consider these facts: Everybody tweets and pontificates about a poor choice for a judge or someone that the writer deems biased, but what about the numerous Military Officer promotions held up.
Ben Ross Retires Despite Everyone’s Not-so-Secret Desire for Him to Stay with OSHA Region IV.
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
End of the Year Whirlwind for Labor and OSHA Matters! Part I of III
The long awaited nominee for Assistant Secretary of Labor for OSHA, Scott Mugno, finally received his Senate Labor Committee hearing on December 5, and passed through without controversy on a party line vote. Unfortunately, hopes are fading that he’ll be in office before the Christmas Congressional break. The panel also approved and sent to the Senate the nomination of Kate O'Scannlain to be the Department of Labor's top attorney, Solicitor, which is an important post.
Frustratingly, 2016 Workplace Death Rates Increase the Most Since 2010.
The newly reported 2016 fatalities occurred under the Obama Administration and their approach of often-punitive Enforcement efforts, so these numbers have nothing to do with the Trump Administration’s actions or lack thereof. However, it would also be unfair to blame the numbers solely on the Obama OSHA’s efforts. We need to parse the numbers and determine why worker deaths increased, and even more so, why so many workplace deaths still occur.
Are Your California Employees Asking for Dust Masks Because of the Raging Fires?
Our California offices reported that local governments are provided N 95 dust masks to citizens because of the wild fires. Such masks may not actually help all users and the smoke and particulate may not exceed permissible levels. Nevertheless, these masks do often provide comfort when exposed to dusty conditions which are uncomfortable but do not present a hazard.
I Wonder How Many Other Hollywood Personalities Wish that they had Promised their Boss a Missouri Whooping?
I am not encouraging workplace violence, even for individuals who may deserve a good old fashioned whooping. However, it is worth noting that one of the few Hollywood celebrities to have largely survived the onslaught of harassment claims with some dignity is Brad Pitt.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Howard
Contact Howard, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack