Workplace Safety

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As of this writing, the Centers for Disease Control and Prevention has confirmed 109 cases of the H1N1 virus, commonly known as swine flu, in the United States. The World Health Organization has confirmed 331 cases of swine flu worldwide and has raised the pandemic threat level to Phase 5 on its six-step scale (Phase 5 designation essentially means that infections from the outbreak that originated in Mexico have been jumping from person to person with relative ease). This Client Alert outlines a few of the myriad legal issues that employers may face with regard to swine flu. As every situation is different, employers are strongly encouraged to seek the advice of counsel with respect to any questions related to these issues. We are, of course, available to provide a more detailed analysis as to any of the matters discussed below or to advise on any other questions that you may have on pandemic flu planning and its implications for the workplace.

Mora v. Hollywood Bed & Spring, 164 Cal. App. 4th 1061 (2008)

Salvador Mora sued his former employer and its president after his arm was crushed in a power press machine. Mora alleged the machine lacked an adequate guard to protect against injury and, therefore, pursuant to Cal. Lab. Code § 4558, he was not limited to a remedy provided under the Workers’ Compensation…

Vine v. Bear Valley Ski Co., 118 Cal. App. 4th 577 (2004)

Charlene Vine suffered a broken back, resulting in paraplegia, when she fell while attempting a snowboard jump at an employee party hosted by her employer, Bear Valley Ski Company. A Bear Valley employee had reshaped the jump, using a snow cat, for use by guests at the party. In her lawsuit, Vine…

Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004)

James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the accident, Mason reported to work but did not clock…

Taylor v. Lockheed Martin Corp., 113 Cal. App. 4th 380 (2003)

Walter Taylor filed suit against Lockheed Martin Corporation alleging, among other things, wrongful termination in violation of Labor Code §§ 1102.5 and 6310 (prohibiting retaliation against an employee who has complained about unsafe working conditions in the workplace). Taylor, a member of the International Association of Machinists, also filed a grievance with the…

Escalante v. Wilson’s Art Studio, Inc., 109 Cal. App. 4th 692 (2003)

Wilson’s Art Studio terminated Hector Escalante’s employment as a printer after he was physically attacked by another employee, but failed to leave the scene, deciding instead to go back to fight. In his wrongful termination lawsuit, Escalante, an at-will employee, alleged that Wilson’s had violated public policy by terminating him for exercising…

Freund v. Nycomed Amersham, 326 F.3d 1070 (9th Cir. 2003)

Jeffrey R. Freund worked as a pharmacist in Nycomed’s nuclear pharmacy in San Diego. After a few years of employment, Freund’s relationship with his supervisor, Mike Wakefield, “soured.” Freund lodged complaints about staffing, expressing his concern that overwork of staff members increased the probability that they would make a mistake that would endanger their…

Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002)

C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E Builders to frame the roof of the building. Blas Lopez, one of L&E’s employees, was seriously injured…