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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in OSHA (13)


The Walking Dead Producer Walks into Serious OSHA Fines after Death on Set

The company that produces The Walking Dead television series was recently fined $12,675.00 after an OSHA investigation following the fatal July 12, 2017 fall of stuntman John Bernecker.  Specifically, Mr. Bernecker fell approximately 20 feet onto a concrete floor, resulting in his death, while performing a stunt. 

OSHA relied upon the general duties clause (Section 5(a)(1)), finding that Stalwart Films, LLC had failed to protect from a foreseeable hazard that could have been mitigated by not minimizing the distance need for falls or providing adequate pads to protect falling performers.

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Full-Day Conference to Address Labor & Employment Changes from the New Administration

The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them.

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Letters from the Workers' Compensation Trenches

I am just back from an invigorating seminar put on by the national group to which we belong as the sole Maine member, the National Workers’ Compensation Defense Network and want to share some highlights. This year’s seminar, held in Chicago on September 22, included presentations on lots of relevant topics, but a few really inspired me.

The seminar kicked off with a panel including risk managers from retail, healthcare, trucking and manufacturing discussing various innovative ways to “Make our Work Comp Program Great Again!” The panel discussed claims costs management tactics including creative medical management systems, initiating early investigations and setting workable and real metrics to measure progress in claims management. Next, we learned all about traumatic brain injuries, including the medical science behind legitimate claims and signs of illegitimate claims. A session on reducing narcotic use featuring a risk representative from a large national retail chain was also very well-received and timely. But one of the most informative session, in my humble opinion, was presented as an “ad-on” by my colleague from Washington State, attorney George Goodman and it is this session that I’d like to bring to our reader’s attention.

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Feds Figure Out How to Make Workplace Safety a Profit Center – But Not For The Employers

Just in case you missed our earlier post, effective August 1, the Department of Labor issued a new rule implementing significantly higher penalties upon employers for Occupational Safety and Health Act violations.  After August 1, the new penalty rates will be effective for any violations which occurred after November 2, 2015.

By way of example, a willful or repeated violation citation jumps from a $70,000 maximum fine to $124,709.  The odd numbers come from the fact that the changes are implemented pursuant to the Inflation Adjustment Act of 2015, which required the DOL and other federal agencies to increase their penalties based on inflation since the penalties were last upped.  Subsequently, the Inflation Adjustment Act requires annual adjustments for inflation based on the consumer price index.  But, it is not just OSHA violations that will be costlier, it is all across the board, from FMLA to violations of minimum wage and overtime rules.  So, be sure to check that all of your posters are current, as there are fines for inadequate postings for such laws as Title VII, FMLA, Wage & Hour, Workers’ Compensation, etc.

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Zika in the Workplace: Best Practices for Not Getting Bit with Liability

There are things we all need to know about Zika: 1) it is spread mostly by an infected Aedes species mosquito; 2) it can be passed from a pregnant woman to her fetus; 3) there is no vaccine or medicine for Zika; and 4) confirmed cases of the Zika virus have been identified in the United States.  While there are a whole host of things we still need to learn about the virus, there are a number of things you as an employer need to be mindful of when it comes to this virus

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OSHA Ignites Firework of a Penalty Hike Prior to Independence Day

Late last week, while everyone was focused on the summer holiday, the Department of Labor announced that pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act, OSHA’s maximum penalties, which have not been raised since 1990, will increase by 78 percent. This will increase the “serious”, “other-than-serious” and “posting requirements” penalty from $7,000 to $12,471 per violation, the failure to abate from $7,000 per day beyond abatement date to $12,471 per day beyond abatement date, and increase the maximum penalty for willful or repeated violations from $70,000 to $124,709.

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