Year: 2012

A security guard may be covered under the Longshore Act if his work is integral to shipbuilding.

latest news

09/11/2012Caramore, Megan

The 1984 Amendments to the Longshore and Harbor Workers’ Compensation Act made it clear that employees who exclusively perform “office clerical, secretarial, security, or data processing work” are not covered by the Act so long as they are covered by the applicable state workers’ compensation act.  33 U.S.C. §902(3)(A). In a recent case, Gelinas v…. Read more »

Am I Responsible for That?

latest news

07/13/2012Lowenstein, Neil S.

Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner.  Contractors then typically hire multiple subcontractors to perform various portions of that work.  And, subcontractors then hire sub-subcontractors to perform various portions of their work.  And, so on depending upon the nature of the particular project.  Often the work being performed… Read more »

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

latest news

07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs… Read more »

New Rule on Distracted Service Vehicle Driving Makes Unsafe Habits Expensive

latest news

07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton At the beginning of this year, the federal Department of Transportation (DOT) prohibited service vehicle drivers from using hand-held devices while driving. The DOT defines a service vehicle as any commercial motor vehicle. Examples of service vehicles include buses, freight carriers, and carriers of hazardous… Read more »

HB 153 is now Chapter 654 of the Virginia Code

latest news

04/18/2012Bilisoly, F. Nash

On April 6, 2012, Governor McDonald signed HB 153, which excludes a person who suffers an injury on or after July 1, 2012 from coverage under the Virginia Workers’ Compensation Act if there is jurisdiction under either the Longshore and Harbor Workers’ Compensation Act or the Merchant Marine Act of 1920. The full text of… Read more »

Concurrent Jurisdiction is a Thing of the Past in Virginia

latest news

02/29/2012Bilisoly, F. Nash

Virginia has always been a “concurrent” jurisdiction state. “Concurrent” in this context simply means that in some states there are some injuries that are covered by both the state’s workers’ compensation law and by the federal Longshore & Harbor Workers’ Compensation Act. A state that is listed as “exclusive” on the other hand has amended its workers’ compensation… Read more »