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Securities Fraud

OSHA Memo Highlights Employer Actions That Discourage Injury Reports

OSHA Administrator Richard Fairfax has released a memo to guide whistle-blower investigators in regard to employer actions that discourage employees from reporting on-the-job injuries. The memo tells OSHA regional administrators and whistleblower program managers to look out for potentially discriminating policies that employers may have towards employees who report such injuries, including • Taking disciplinary action regardless of the injury’s circumstances. • Disciplining an employee for not adhering to a company rule about the time or manner of reporting injuries and illnesses. • Disciplining an employee for an injury that was the result of the employee’s violation of a safety rule. • Providing incentives not...

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Scaffolding Safety Among Top Ten OSHA Violations

According the Occupational Safety and Health Administration, 65 percent of construction workers - about 2.3 million - work frequently on scaffolding. And although scaffolds are used to provide a stable platform for elevated work, scaffolding still makes OSHA’s top ten list of safety violations each year. Why this is so is not clear. Some accidents can be prevented through training and regulation, but workers may ignore what they’ve learned. Workers still fall from scaffolding almost every day. Many injured workers point to planking or support giving way, or to slipping, or being struck by falling objects. Others note the environments that...

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What Constitutes Misconduct by a Bankruptcy Trustee?

Trustees in a bankruptcy situation are expected to conduct themselves in a fair and professional manner, especially to the creditors and bankruptcy inspectors involved in the process. To do otherwise can be costly. A trustee may argue that he or she can be duty bound to take a position detrimental to a major creditor. However, this can’t be simply for tactical purposes. A trustee is not considered in the same light as a typical litigant in a strictly adversarial proceeding. The trustee must conduct him or herself in a fair, impartial and even-handed manner at all times, following principles set out...

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Don’t Get Struck!

It’s always a good idea to review safety rules, especially when around equipment that could seriously injure or kill. Following is a safety checklist from the Occupational Safety and Health Administration for preventing “struck-by” injuries. Struck-by dangers can involve objects ejected from a power tool, such as a nail gun, as well as rolling, moving or sliding objects, such as a moving vehicle. Here we cover the latter. Heavy equipment •    Stay away from heavy equipment in operation, and keep track of its location,     even if it’s not in use. •    Remain outside the swing radius of cranes and backhoes. •    Stay clear...

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Starr Austen & Miller Suspects the JOBS Act could Lead to Fraud Against Lay Investors

Mario Massillamany of the Indiana law firm of Starr, Austen & Miller, LLP, announced an alert to the public today regarding upcoming changes in 2013 to private offerings laws with the recent enactment of the JOBS Act. The JOBS Act, formally known as the Jumpstart Our Business Startups Act, was signed into law by President Obama on April 5, 2012. According to Forbes, this Act has been heralded by many proponents as a way for small business owners and entrepreneurs to have more access to funding opportunities and to gather capital which can help them grown their businesses, and as a...

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OSHA Fall Protection Training – Keeping it Interesting and Memorable

Regulations about falls by employees working at heights can be dull stuff when employers are trying train employees. But nothing could be more important. Employers need to keep the training interesting, keep employees engaged and, in so doing, keep them safe. When conducting training, employers need to boil down the main messages from the mass of regulatory words. Here are a few snippets of some OSHA requirements employees should know: • 1910.23(b)(1): Every wall opening from which there is a drop of more than 4 feet shall be guarded...

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