Haynes and Boone's Newsroom

Matt Deffebach in Nation's Restaurant News: Regulation nation -- Pending OSHA rule mandating preventative programs could add to operators' burden
03/05/2012

In late January, attorney Matthew Deffebach was in the middle of three trials involving the Occupational Safety and Health Administration, and he says he expects that number to grow.


Deffebach, a partner with Haynes and Boone LLP, heads up the law firm’s OSHA practice in Houston, a vantage point from which he has seen the federal agency ramp up its enforcement efforts in the past few years.


While OSHA once focused on blue-collar industries, its sights have expanded to include more retail and other service businesses, including restaurants, he said. And a pending rule that would require employers nationwide to create Injury and Illness Prevention Programs could mean even more scrutiny from OSHA investigators, with the potential for legal actions.


“That regulation would be a game changer,” Deffebach said, “because it would require employers to have an ongoing, investigative, preventative process in place instead of being reactive [and addressing problems after an accident occurs].”


Excerpt from Nation's Restaurant News, March 5, 2012. To view the full article, click here.