b'(continued from page 16) includes all direct or foreseeable harms. These would be damages arising because the employee had been terminated from employment. Forexample, such damages could include costs from interest and penalties on unpaid credit card bills, withdrawal penalties for 401(k) loans, or even the costs of home mortgage foreclosure might be consequential damages. Non-Compete Agreements A as reported at the last meeting that in January, the Federal Trade Commission has proposed a rule banning non-compete agreements in employment contracts. The FTC had opened a comment period until March 20. But, due to the overwhelming number of responses, the FTC has extended the comment period from March 20 to April 19. Instance by Instance Starting on March 27th, OSHA began following instance by instance citation procedure. This means that OSHA can assess a separate penalty for each employee exposed to a cited hazard. For example, assume an employer did not provide fall protection for three employees working on a roof. Under the old citation procedure, OSHA would have issued one penalty for failure to provide fall protection. However, under the instance by instance method, OSHA can now assess a separate penalty for each of the three employeesexposed to the hazard. This will apply to thefollowing areas: fall protection, trenching, machine guarding, respiratory protection, permit required confined space, lockout tagout, and some recordkeeping provisions.Recent Heat Stress CaseThe Occupational Safety and Health ReviewCommission recently issued a decision in a heat stress case emphasizing the importance of training supervisors to recognize and abate the hazards posed by working in the heat. In this case, OSHA issued five general duty clause citations of the United States Post Office for failing to protect postal employees from the heat. Although the Oc-cupational Safety and Health Review Commission vacated four of those five citations, it affirmed one citation because the post office had not adequately trained a supervisor. An employers heat illness prevention program rests on the supervisors. Em-ployers should work to empower and train super-visors to protect employees from the heat. 23'