Monthly Archives: November 2013


Lindner & Marsack, S.C. proudly announces that eight of its sixteen attorneys have been acknowledged as 2013 Super Lawyers or Rising Stars by Super Lawyers Magazine. “We are among a very small group of firms with at least one-half of its attorneys recognized by Super Lawyers,” said Jonathan T. Swain, President of the firm. He added that “although we are recognized as being zealous advocates for our clients’ interests, the peer recognition says something very important about our reputation, both as individuals and as a firm.”

In addition to Super Lawyers, Lindner & Marsack is highly ranked by Chambers and Partners, an internationally recognized legal rating agency; is listed as a “Best Law Firm in America” by Best Lawyers in America through U.S. News and World Report; and is ranked as a “Top Law Firm in America” by Martindale-Hubbell. “Our focus is always squarely on our clients, but this recognition provides an important opportunity to step back and recognize the accomplishments of the attorneys who work so hard on their behalf,” said Swain. “Truly, it is the trust and support of the clients we serve that motivates us as individuals and as a firm to do our best work every day.”

The Lindner & Marsack attorneys selected for 2013, along with years they have been acknowledged, are: Chelsie Allen (Rising Star 2013); Douglas M. Feldman (2008-2013); Kristofor L. Hanson (Rising Star 2011-2013); Thomas W. Mackenzie (2009-2013); Gary A. Marsack (2005-2013); John E. Murray (2011-2013); Jonathan T. Swain (2005, 2008-2013); and Oyvind Wistrom (Rising Star 2006-2008, Super Lawyer 2009-2013).

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Attorneys are selected using a rigorous, multi-phase rating process in which peer nominations and evaluations are combined with third party research. Selections are made on an annual, state-by-state basis. The objective of the program is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.


By: Laurie A. Petersen and Samantha J. Wood

On Thursday, November 7, 2013, OSHA issued a proposed rule amending 29 C.F.R. § 1904.41 to require certain employers to electronically submit injury and illness information that most employers are required to maintain under § 1904. The only employers unaffected by this rule are those that are exempted from maintaining injury and illness records, which includes companies that had ten or fewer employees at all times during the last calendar year, and companies that have been classified in a specific low-hazard retail, service, finance, insurance, or real estate industry.1

For those employers that are required to maintain injury and illness records under OSHA’s regulations, the rule imposes three new electronic reporting requirements:

(1) Establishments with 250 or more employees at any time during the prior calendar year (including full, temporary, and seasonal workers) will be required to electronically submit information from their injury and illness records (Form 300 and Form 301) to OSHA or OSHA’s designee on a quarterly basis.

(2) Establishments with 20 or more employees at any time during the prior calendar year, that are among certain designated industries, will be required to electronically submit information from the OSHA annual summary form (300A) to OSHA or OSHA’s designee on an annual basis. This submission will replace OSHA’s annual injury and illness survey that employers are required to complete and submit under 1904.41(a). The designated industries will be
those industries covered by Part 1904 with a 2009 Days Away From Work, Job Restrictions, or Job Transfer (DART) rate in the Bureau of Labor Statistics’ Survey of Occupational Injuries and Illnesses of 2.0 or greater. Among others, the designated industries will include: construction, manufacturing, wholesale trade, department and grocery stores, waste collection, nursing care facilities, gambling industries, and dry-cleaning and laundry services.

(3) All employers who receive notice (by mail, announcements on the OSHA website, the OSHA newsletter, and the Federal Register) will be required to electronically submit specified information from their injury and illness records to OSHA or OSHA’s designee.

To submit injury and illness records, employers will be required to register their establishments on OSHA’s data collection website. OSHA intends to scrub the data of personally identifiable information and make the data public. The purpose of publication is to allow employers to benchmark their performance against others in their industry, and encourage employers to improve safety. Information will also be available for researchers to understand and identify emerging health hazards. According to OSHA, this initiative will not result in more OSHA enforcement, but will target employers who are in need of free consultants, educational materials, and health and safety inspections.

The public comment period ends February 6, 2014. Comments can be submitted electronically at, by fax at (202) 693-1648, or by mail at OSHA Docket Office, Docket Number OSHA-2013-0023, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue NW, Washington, DC 20210. A public meeting will be held Thursday, January 9, 2014 from 9 a.m. to 4:30 p.m. at the U.S. Department of Labor in Washington, D.C. Interested parties must request attendance by Friday, December 13, 2013.

1 To determine whether your business establishment is classified in a specific low-hazard retail, service, finance, insurance, or real estate industry, see 1904 Subpart B, Appendix A at

If you have questions about this material, contact Laurie A. Petersen at, Samantha J. Wood at, or any other attorney you have been working with here at Lindner & Marsack, S.C.