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Amendment of West Virginia’s Deliberate Intent Statute Will Make it More Difficult to Sue Employers for Workplace Injuries

In most cases, employers who prescribe to workers’ compensation insurance enjoy immunity from civil lawsuits by their employees who suffer on-the-job injuries.  This immunity is a trade-off that employers enjoy in exchange for a no-fault workers’ compensation system in which injured employees are compensated even where the injury was not the fault of the employer and/or may have even been the fault of the injured employee.

ABC Applauds Gov. Tomblin's Signing of Construction Bill to Promote Fair and Open Competition

Associated Builders and Contractors (ABC) and ABC of West Virginia (ABCWV) applauded Gov. Tomblin (D-W.V.) for signing the Establishing Fair and Open Competition in Governmental Construction Act (SB 409). The bill prohibits government entities from requiring contractors to enter into wasteful and discriminatory project labor agreements (PLAs) as a condition of performing work on publicly funded construction projects. 

STATUTE OF LIMITATIONS FOR OSHA WHISTLEBLOWER CLAIMS USURPED BY AGREEMENT WITH NLRB

Section 11(c) of the Occupational Health and Safety Act of 1970 (“OSH Act”), 29 U.S.C. §660(c), prohibits employers from “discharg[ing] or in any manner discriminat[ing] against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the OSH] Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by [the] Act.” 

Temporary Employers and Host Employers Have Dual Obligation of Ensuring Safety and Health of Temporary Employees

The use of temporary employees has become common in many industries.  As a result, our firm has handled several recent cases in which an employee of a staffing agency has suffered a workplace injury while on the premises of a host employer.

What to Expect From the EPA in 2015

In its Nov. 21 regulatory agenda, the U.S. Environmental Protection Agency (EPA) lists expected actions on issues that include the Clean Water Act, the Power Plant Rule and the Lead Paint Renovation Repair and Painting Program.

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