WEBINAR RECORDINGS

Presented by Kate M. McMahon and Lindsay A. DiSalvo

When OSHA receives a complaint related to employee safety and health or a severe injury report, one action by OSHA is to give the employer an opportunity to respond before it takes the more extreme action of opening an inspection.  In addition, when OSHA receives an allegation of retaliation, it must provide the employer a chance to explain why the action of which it is accused was legitimate or did not occur as alleged.  These responses are an opportunity for the employer to provide sufficient information to avoid an inspection or litigation of a retaliation claim.  A strong response could appease OSHA’s concerns and resolve the complaint or report in a favorable manner for the employer.  However, these responses can also create a written record of admissions to which OSHA can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to create liability.  Thus, employers must be strategic about the information they share at this early stage and should ensure there is a procedure in place for managing and developing these responses.

​Participants in this webinar learned about:

  • The types of complaints and incidents that lead OSHA to request information from the employer;

  • Specific prohibitions of Section 11(c) (OSHA’s anti-retaliation law) and how retaliation complaints are evaluated;

  • Strategies employers can use to effectively respond to Section 11(c) complaints, Notices of Alleged Hazards, and RRI requests; and

  • Proactive measures employers can take to avoid employee complaints.

Presented by Nicholas W. Scala

The hours, days and weeks following an on-site accident are stressful and at times chaotic environments for employees and managers alike. While the well-being of any injured party is the priority, operators must also ensure appropriate action is taken to comply with MSHA regulations and assess the incident while taking steps toward preventing a similar occurrence.These concerns are enough to manage without the likely visit from MSHA to investigate, at which time inspectors will conduct employee interviews and issue citations and orders in the event of alleged noncompliance.

 

This webinar reviewed immediate compliance requirements following an accident, as well as strategies to limit exposure and protect company interests while allowing MSHA to complete its investigation.

 

During this webinar, participants learned about:

  • Responsibilities of mine operators and independent contractors in the event of an accident;

  • Miner and mine management rights during a subsequent MSHA investigation; and

  • Best practices for conducting internal accident investigations.

Presented by Amanda R. Strainis-WalkerAaron Gelb, and Dan C. Deacon

More than two years after OSHA published the E-Recordkeeping Rule, the agency finally revealed some of its plans for how it will utilize employers' 300A injury data collected under the new Rule. In late October 2018, OSHA launched its new Site-Specific Targeting Enforcement Program, which outlines how the agency will select non-construction establishments for programmed inspection. OSHA will create targeted inspection lists based on employers' higher than average Days Way, Restricted or Transfer (“DART”) injury rates.OSHA will also include a random sample of establishments with lower than expected injury rates for quality control. Thus, all employers covered by OSHA’s E-Recordkeeping Rule may be subject to an SST inspection.

Participants in this webinar learned:

  • Overview of data submission requirements of E-Recordkeeping

  • How OSHA selects establishments for inspection

  • Scope of inspections under the SST Program

  • Applicable exceptions to the SST inspections

  • Tips for Employers to Prepare for an SST inspection

Presented by Mark M. Trapp

This webinar addressed the significant challenges faced by companies participating in multiemployer plans. Specifically, it will help unionized employers understand and analyze what is often the most critical challenge facing their business – multiemployer pension withdrawal liability. 

 

Participants learned about the following:

  • Specific strategies to analyze and potentially minimize withdrawal liability 

  • The latest developments in litigating withdrawal liability assessments, including the proper interest rate and the calculation of the credit for a prior partial withdrawal

  • Recently-proposed regulations by the PBGC that could have a huge impact on the amount employers pay for withdrawal liability

Presented by Kara M. Maciel and Lindsay A. DiSalvo

In 2017, we saw the proliferation of the #MeToo Movement with a slew of high-profile allegations of sexual harassment and assault and tens of thousands of people, mostly women, voicing their own experiences on social media using the hashtag “Metoo”.  Its momentum continued into 2018, with more people coming forward to make allegations of sexual assault and harassment and the Movement’s purpose becoming an even more prominent and influential topic of discourse.  Its significance and impact has not slowed and its influence and impact is likely to be felt into 2019 and beyond.  So, what does this mean for employers?

In the wake of the #MeToo Movement, the amount of sexual harassment claims filed with the EEOC increased by almost 14% in FY 2018 versus FY 2017.  In addition, the EEOC filed 66 harassment lawsuits against employers in FY 2018, which is more than a 50% increase in EEOC suits challenging sexual harassment compared to FY 2017.  Thus, it is more important than ever for employers to ensure they are effectively preventing and addressing sexual harassment in the work environment through their policies, training, and investigative procedures.

Participants learned about the following:

  • The legal standards for sexual harassment and their nuances

  • Elements of an anti-harassment policy and complaint procedure

  • Elements of a sexual harassment training program

  • Best Practices for investigating complaints of sexual harassment 

  • Recommendations for how to respond to sexually harassing conduct

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