Upcoming Webinars:

Presented by Jordan B. Schwartz and Daniel C. Deacon on July 15th at 1pm ET / 10am PT regarding:

For better or for worse, America is going green and its acceptance of marijuana is increasing rapidly. However, new regulatory developments regarding medical and recreational marijuana have created a host of compliance concerns for employers. While marijuana is still illegal under federal law, 33 states and the District of Columbia have passed legislation giving medical marijuana usage the green light. Eleven states and the District of Columbia have legalized recreational marijuana. And, several states have enacted laws making the possession of small amounts of the drug a civil, not criminal, offense.

During this webinar, participants will learn about:

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• The changing legal landscape regarding medical and recreational marijuana in states around the country and the District of Columbia

• How state marijuana laws affect your federal compliance obligations under the DOT and other agencies

• Which state laws provide explicitly for employee non-discrimination protections

• Whether medical marijuana usage may qualify as a reasonable accommodation under the Americans with Disabilities Act or state disability discrimination laws

• How to address off-duty use of marijuana in states where it is legal

• Effective solutions to drug test for marijuana and drafting drug testing policies

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​Click here for more information and to register.

Presented by Nicholas W. Scala on July 21st at 1pm ET regarding:

With a full slate of commissioners at the Federal Mine Safety and Health Review Commission (”FMSHRC”), there were a relatively steady stream of MSHA decisions published in the last half of 2019. This trend should continue into the first half of 2020 at least, which means the compliance expectations and standards that mine operators must adhere to will continue to evolve. This hasn’t been much more evident recently than when the federal appellate court mandated that MSHA change its M/NM Workplace Exam Rule. Additionally, this webinar will take stock of what MSHA’s priorities from enforcement and rulemaking have been year-to-date, and how any developments from MSHA or the FMSHRC are directly impacting the compliance responsibilities of operators.

During this webinar, participants will learn about:

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• MSHA enforcement trends and initiatives through mid-2020;

• FMSHRC decisions impacting mine operators and independent contractors; and

• Strategies to prepare operations for changing enforcement tactics and standard interpretations.

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​Click here for more information and to register.

Presented by Amanda R. Walker, Kate McMahon and Beeta Lashkari on July 23rd at 1pm ET:

The OSH Act’s “General Duty Clause” requires employers to provide their own employees a workplace free from recognized serious hazards. The breadth of OSHA’s enforcement authority under the General Duty Clause has been a moving target for decades. Is it a “catch-all” provision? Is it intended only to “fill the gaps” where OSHA has not promulgated a specific standard? Is it just a placeholder for hazards OSHA intends to address by a specific rule in the future? Or can it even provide OSHA authority to require actions beyond what is set by an existing regulation establishes a compliance standard? And where OSHA is using the General Duty Clause to cite employers, how often and in what contexts is OSHA using it, and what evidence is OSHA using to establish that a hazard is recognized by an employer or its industry?

Participants will learn about the following:

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• The history of the General Duty Clause, how it has been interpreted

• Recent enforcement trends related to use of the General Duty Clause

• Recent OSHRC and Circuit Court cases involving the General Duty Clause

• Elements of an OSHA citation case under the General Duty Clause

• Possible defenses to General Duty Clause citations

• How best to identify, manage, and address unregulated workplace hazards

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​Click here for more information and to register.