Melanie Paul, Esq.
Of Counsel, Jackson Lewis, P.C.
Melanie L. Paul is Of Counsel in the Atlanta, Georgia office of Jackson Lewis P.C. Her practice focuses on occupational safety and health and wage and hour issues. Her clients benefit from her unique inside
experience as a trial attorney for the U.S. Department of Labor (DOL) for more than a decade.
During Paul’s time with the DOL, she regularly appeared at hearings and trials before federal administrative tribunals and federal district courts throughout the southeastern United States in matters of Occupational Safety and Health (OSHA) law, Mine Safety and Health (MSHA) law, whistleblower and federal wage and hour matters. She also defended agency management against allegations of employment discrimination and prohibited personnel practices before the EEOC and the MSPB. While at the DOL, she was the Criminal OSHA Coordinator for the southeastern region and worked with U.S. Department of Justice to have Occupational Safety and Health cases criminally prosecuted.
Prior to working at the DOL, Paul gained invaluable trial experience as an Assistant District Attorney in Fulton County, Atlanta, Georgia where she tried felony criminal jury cases. She also was a law clerk to U.S. Magistrate Judge Linda T. Walker for the U.S. District Court in the
Northern District of Georgia, where she worked on predominantly employment discrimination cases.
Session 2 - Workplace Violence Prevention: OSHA’s GDC, the ADA, and More: Understanding Your Legal Obligations and Limits under Applicable Federal Laws
Run Time - 1:08:11
Can you receive an OSHA citation for failing to take steps to prevent workplace violence? What are the potential legal pitfalls of screening applicants and employees in an attempt to reduce the risk of workplace violence? Workplace violence continues to be a top concern for employers everywhere, and businesses of all sizes and in all industries struggle to develop effective preventive measures without running afoul of competing legal obligations. While there is currently no federal regulation specifically addressing workplace violence, employers, nevertheless, still have a legal duty under the Occupational Safety and Health Act’s General Duty Clause (GDC) to provide a workplace free from recognized hazards that are likely to result in death or serious physical harm.
This session will cover how to:
-Recognize the legal ramifications of when warning signs of workplace violence are ignored.
-Identify how decisions (or inaction) may spark violations of Section 5(a)(1) of OSHA’s GDC with respect to violence at work.
-Navigate intersecting duties under OSHA’s GDC and the Americans with Disabilities Act (ADA), which may afford certain employment-related protections to your workforce.
-Legal ways to screen applicants and employees to mitigate the risk of violence in your workplace.
-When you may require an employee to submit to a physical or mental health examination.
-The role employee assistance plans, early intervention, and other measures may play in your ability to defend your organization if alleged GDC violations occur.
-Examples of workplace safety deficiencies involving alarms, exits, lights, and more that could lead to legal liability if a violent attack occurs in your workplace.