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Now three full years into the Biden Administration, it is the perfect time to take a close look at what we learned from and about OSHA during these very eventful years.  More importantly, as OSHA has turned the page from the pandemic and started to “use all of the tools available” in its regulatory and enforcement toolbox, it is a good time to look ahead and assess what OSHA's priorities will be leading up to the Presidential Election this Fall and in the years ahead.  That picture is becoming clearer (and more fraught for employers), as OSHA has drastically increased its penalty authority, reimagined its dreaded Severe Violator Enforcement Program, expanded its “instance-by-instance” citation policy, launched new emphasis programs, worked an aggressive rulemaking agenda, and set new records for significant enforcement actions year after year.  

 

Accordingly, it is more important now than ever before for employers to keep abreast of developments at OSHA.  Conn Maciel Carey LLP’s complimentary 2024 OSHA Webinar Series, which includes monthly programs (sometimes more often) put on by the OSHA-focused attorneys in the firm’s national OSHA Practice Group, is designed to give employers insight into developments at OSHA during this period of unpredictability and significant change.  ​To register for an individual webinar in the series, click on the registration link within the individual program descriptions below, or to register for the full webinar series, click here to send us an email request so we can get you registered.  Also check out our companion Cal/OSHA Webinar Series, MSHA Webinar Series, and Labor & Employment Webinar Series.

 

If you missed any of our 100+ webinar programs over the past nine years, here is a link to recordings in our webinar archive.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important OSHA-related topic, please do not hesitate to contact us.

OSHA's 2023 in Review and 2024 Forecast

Wednesday, January 17, 2024

Tips and Strategies for Preventing and

Responding to Workplace Violence

Wednesday, April 24, 2024

Mid-Year OSHA and MSHA Review

DATE CANCELLED

National and Local Emphasis Programs

Thursday, July 18, 2024

Unique Aspects of State OSH Plans

Thursday, September 19, 2024

2nd Annual Cal/OSHA and Employment Law Summit

Tuesday, October 8, 2024 and Thursday, October 10, 2024

The Intersection of AI and Employment and OSHA Law

Wednesday, November 13, 2024

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Wednesday, January 17, 2024, at 1 pm ET / 10 am PT

Presented by the Partners in Conn Maciel Carey’s national OSHA Practice Group


As we approach a Presidential Election that will determine the shape of OSHA enforcement and rulemaking for years to come, it is time to look back and take stock of what we learned from and about OSHA during another very eventful year. More importantly, it is once again time to look ahead and discuss what employers should expect from OSHA during Year 4 of the Biden/Harris Administration. In this webinar, the Partners in Conn Maciel Carey’s national OSHA Practice Group will review OSHA enforcement data and trends, important policy changes at OSHA (e.g., expanding the Severe Violator Enforcement Program and per instance citation authority), and major rulemaking developments (e.g., finalizing E-Recordkeeping, and advancing Heat Illness and the Worker Walkaround Representative rulemaking). We will also discuss the top OSHA issues employers should monitor and prepare for in the New Year.


Participants in this webinar will learn about:


  • 2023 OSHA enforcement data and important case decisions

  • New enforcement polices and enforcement special emphasis programs

  • Rulemaking priorities and predictions

  • OSHA policy issues to monitor in the run up to the Presidential Election


Click here to register for this webinar.

Thursday, February 8, 2024, at 1 pm ET / 10 am PT

Presented by Eric J. Conn, Lindsay A. DiSalvo, Valerie Butera, and Ashley Mitchell


Last summer, OSHA finalized an amended E-Recordkeeping Rule, which expands the data many employers are required to submit to OSHA every year. We are also at a moment in OSHA’s history when the agency is clearly staffing up and ramping up inspections and enforcement generally, and with respect to injury and illness recordkeeping specifically. For example, OSHA has just introduced a new enforcement policy to allow for instance-by-instance citations for recordkeeping violations. With data submissions to OSHA under the new E-Recordkeeping Rule due now, and with the new enforcement risks around recordkeeping, accurate OSHA injury and illness recordkeeping and reporting is more critical now than ever before.


This webinar will take a deep dive into the top 10 reasons it is critical to get recordkeeping and reporting right, with tips and strategies for how to do so. Participants in this webinar will learn:


  • Why it is more important than ever to get recordkeeping right

  • New requirements of the E-Recordkeeping Rule

  • Enforcement efforts and policies related to injury and illness recordkeeping

  • Common recordkeeping errors


Click here to register for this webinar.

Wednesday, April 24, 2024, at 1 pm ET / 10 am PT

Presented by Kara M. Maciel, Rachel L. Conn, and Daniel C. Deacon


Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading causes of occupational injuries in the country every year.  While OSHA has no specific standard for workplace violence, the OSH Act's General Duty Clause requires employers to provide a workplace free from recognized serious hazards, and OSHA has instituted enforcement actions under its General Duty Clause after incidents of workplace violence. OSHA has also initiated a rulemaking to address workplace violence in specific industries.


California has taken the lead in implementing the first workplace violence rule in the country for general industry, requiring nearly all California employers (unless they fall under one of the limited exemptions) to establish, implement, and maintain an “effective” written workplace violence prevention plan, investigate every incident workplace violence (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. This general industry rule follows the Cal/OSHA regulation on Workplace Violence Prevention in Health Care.


The EEOC has also prioritized ways to effectively prevent and address workplace violence, particularly in the form of workplace harassment. And outside of OSHA and the EEOC, employers can also be held liable for workplace violence through other claims such as negligent hiring and supervision.


Participants in this webinar will learn: 


  • What constitutes workplace violence

  • EEOC and OSHA enforcement priorities related to workplace violence

  • Legal risks associated with workplace violence

  • Updates on federal OSHA workplace violence rulemaking

  • California’s New Workplace Violence law

  • Best practices for workplace violence prevention

  • Tips for responding to a workplace violence incident in your work environment


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.


(RESCHEDULED DATE) Tuesday, May 28, 2024, at 1 pm ET / 10 am PT

Presented by Kara M. Maciel, Eric J. Conn, Rachel L. Conn, and Kimberly Richardson


Over the last decade, Environmental, Social and Governance (“ESG”) has been an ever-evolving regulatory topic around the globe. Younger generations joining the workforce have been vocal about the importance of environmental and social responsibility in their place of employment, and as we continue to experience the effects of climate change, businesses have been feeling the pressure to prioritize ESG strategies and initiatives.


Successful ESG programs are vital for addressing common labor and employment legal issues such as employee engagement, mental health, whistleblower complaints, and Diversity, Equity, and Inclusion (“DEI”) efforts to name a few. However, while invaluable, ESG programs do not come without risk, so companies are strongly advised to work with labor and employment counsel to identify existing issues and to audit or develop comprehensive policies to proactively address these issues.


The Occupational Safety and Health Administration (“OSHA”) also plays a critical role in the push for ESG preparedness.  OSHA’s Center for Safety and Health Sustainability (“CSHS”) introduced an OSH-Sustainability initiative to integrate environmental, social, and economic considerations to carve out new opportunities to advance worker safety and health. Under this broad umbrella, companies have been shifting their view towards sustainability as an imperative investment in their business growth strategy.


This program will explore the emerging world of ESG including why it should matter to your organization, how it affects the legal landscape, and how to address risks associated with formulating your own ESG program.


Participants in this webinar will learn about:


  • The benefits of implementing ESG initiatives in your workplace

  • ESG compliance and reporting requirements for employers

  • The OSH-Sustainability Connection model

  • Key risks associated with ESG

  • Tips for boosting your company's ESG strategy

  • Tools for creating or auditing your company’s ESG policies and procedures


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

THIS EVENT HAS BEEN CANCELLED

Presented by Eric J. Conn, Aaron R. Gelb and Nicholas W. Scala


Having shared a series of predictions during our January webinar regarding OSHA’s and MSHA's expected enforcement and rulemaking priorities in Year 4 of the Biden Administration, we will examine what happened at Fed OSHA and MSHA during the first 6 months of 2024, recap any significant State Plan OSH agency developments, break down any surprise developments, and look ahead at the remainder of 2024.


We will take a close look at enforcement trends, including several new national, regional, and local emphasis programs, while checking on various rulemakings likely to impact the regulated community. We will discuss any budgetary and/or staffing trends, and predict what employers can expect from OSHA and MSHA over the balance of this presidential term.


Participants in this webinar will learn:


  • The status of OSHA and MSHA's Regulatory Agenda, including rulemaking and policy setting priorities

  • Key changes at OSHA and MSHA

  • New or renewed enforcement initiatives and emphasis programs

  • Predictions for what employers can expect from OSHA and MSHA moving forward


THIS EVENT HAS BEEN CANCELLED.

Wednesday, June 12, 2024, at 1 pm ET / 10 am PT

Presented by Kathryn M. McMahon, Beeta B. Lashkari, and Darius Rohani-Shukla


Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure.  In a nutshell, over the last year or so, EPA has taken several actions under TSCA demonstrating the agency’s avid interest in regulating chemicals in the workplace, an area traditionally considered within the jurisdictional authority of OSHA.  Specifically, EPA is proposing to set much more stringent limits than OSHA has established with its Table Z limits for air contaminants in the workplace, sometimes by several orders of magnitude.


So, how might the revised EPA chemical safety limits affect OSHA enforcement actions?  In short, by allowing OSHA to essentially “reach over” its own standards and enforce a more stringent regulatory limit set by EPA through Section 5(a)(1) of the OSH Act (commonly referred to as the General Duty Clause).  Given that the Biden Administration is proving to be among the most aggressive we have seen, and that Acting Secretary of Labor is driving OSHA to “use every tool in its toolbox” to aggressively pursue its mission to keep workers free from hazards, employers are well-advised to pay close attention to EPA’s new TSCA chemical exposure limits and act accordingly.


In this webinar, participants will learn about:


  • The circumstances under which OSHA may use its General Duty Clause to cite an employer who has failed to meet exposure limits more stringent than its own standards.

  • Examples of chemicals that will have drastically different exposure limits under OSHA’s current standards and EPA’s proposed regulatory scheme.

  • Updates on interagency efforts, including a potential memorandum of understanding on how the two agencies will coordinate efforts implementing TSCA regulations for existing chemicals.

  • Employer best practice tips to avoid/minimize the risk of an OSHA citation.


Click here to register for this webinar.

Thursday, July 18, 2024, at 1 pm ET / 10 am PT

Presented by Aaron R. Gelb, Daniel C. Deacon, Megan S. Shaked, Mark Ishu, and Beeta B. Lashkari


Employers expect OSHA to show up after reporting a serious incident or when employees complain about certain types of hazards, but the agency has been focused now, more than ever it seems, on proactive enforcement methods. As part of this strategy, OSHA has launched a series of new National Emphasis Programs (“NEP”) targeting heat illness, silica, and the warehousing industry, while also announcing a number of new Regional and Local Emphasis Programs (“REP” and “LEP”) across the country. Employers in the covered industries should take note because their establishments can be selected for an inspection under these programs even if they have an exemplary safety record, have not been subject of any complaints, and have not recently reported a serious incident. Understanding these enforcement priorities is vital for companies to better prepare for potential regulatory inspections.


Additionally, the enforcement directives created by OSHA for these programs contain blueprints for how OSHA plans and conducts inspections of covered employers, so there is no excuse not to be prepared for the inevitable knock on the door.


Join us for an informed discussion about what covered employers can expect if selected for an emphasis program inspection and what can be done now to prepare.


Participants in this webinar will learn:


  • The various types of emphasis programs used by OSHA

  • How emphasis program inspections differ from incident/complaint inspections

  • Inspection and citation statistics relating to emphasis program inspections

  • Our personal experiences regarding inspections conducted pursuant to the newest emphasis programs


Attendees will be given a checklist they can use to self-assess key compliance aspects of their safety and health programs to better prepare for an OSHA inspection.


Click here to register for this webinar.

Monday, August 5, 2024, at 1 pm ET / 10 am PT

Presented by Eric J. Conn, Rachel L. Conn, Valerie Butera, Beeta B. Lashkari, and Kimberly Richardson


After years of stagnation, we’ve finally seen movement on updating process safety regulations during the Biden administration. But the revamped PSM standard and RMP rules have yet to see the light of day. We’ll discuss when we might expect final rules and how employers can prepare for the new burdens they will create.


Cal/OSHA’s PSM standard and CalARP’s RMP rule resemble the federal rules but present their own unique set of compliance challenges. We will compare and contrast the rules and talk about strategies for compliance.


Participants in this webinar will learn:


  • Review the status of OSHA’s and EPA’s process safety rulemakings

  • Discuss the expected content of the new rules and how to prepare them

  • Analyze other process safety related developments at OSHA and EPA under the Biden Administration

  • Examine Cal/OSHA’s PSM standard and CalARP’s RMP rule and strategies for navigating the challenges they present


Click here to register for this webinar.

Thursday, September 19, 2024, at 1 pm ET / 10 am PT

Presented by Anthony M. Casaletta, Victoria L. Voight, Megan S. Shaked, and Daniel C. Deacon


Twenty-two states have OSHA-approved state plans that cover both private and state and local government workers. While state plans must be at least as effective as federal OSHA, some state plans have regulations unique to their state. Many state plans also have their own penalty reduction policies and procedures that differ from OSHA’s. As such, employers in state-plan states cannot assume that complying with federal OSHA regulations and following federal OSHA procedures will suffice. Keeping up with state plan states’ regulatory changes and enforcement priorities can be challenging for employers, particularly those with operations throughout the country.


Join our team of OSHA lawyers practicing in various state-plan states for an overview of key differences and developments.


Participants in this webinar will learn:


  • How state plan states differ from federal OSHA

  • Unique state-plan regulations

  • How policies and procedures vary in state-plan states

  • New developments in state-plan states

  • Compliance tips for employers that have employees working in multiple states


Click here to register for this webinar.

Wednesday, September 25, 2024, at 1 pm ET / 10 am PT

Presented by Kara M. Maciel, Lindsay A. DiSalvo, Nicholas W. Scala, and Mark Ishu


Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to over 50% in FY 2022. Similarly, the number of total whistleblower complaints filed with OSHA increased significantly in FY 2023, with the vast majority of those complaints – about 71% - filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts). The whistleblower complaints filed under Section 105 of the Mine Safety and Health Act have also been on the rise and MSHA is particularly aggressive in its approach to the investigation of these claims, often seeking temporary reinstatement of the complainant for the duration of the investigation, and litigation, if the complainant was terminated


When a retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. However, each Agency handles the investigation and analysis of the evidence differently – using varying processes and burdens of proof to determine whether and how the retaliation complaint should proceed. The strategy and response provided by the employer will depend on the type of complaint and the agency investigating it, but it is generally an opportunity for the employer to provide the information necessary for the agency to conclude its investigation and ultimately close the case file. The responses can, however, create a written record of admissions that the agency could use against the employer. Thus, employers should be strategic in their approach to a whistleblower investigation and the information shared at that early stage.


Participants in this webinar will learn:


  • Applicable federal whistleblower and anti-retaliation laws

  • The varying processes used by the EEOC, OSHA, and MSHA to evaluate whistleblower and retaliation claims

  • Strategies employers can use to effectively respond to retaliation complaints

  • Proactive measures employers can take to avoid employee complaints


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

Tuesday, October 8, 2024 and Thursday, October 10, 2024

2nd Annual Cal/OSHA & Employment Law Summit

Presented by the Attorney's in CMC's California Team


Conn Maciel Carey LLP's 2nd Annual Cal/OSHA and California Employment Law Summit is an in-person program conducted by the California-based attorneys in CMC's national OSHA Workplace Safety and Labor Employment Practice Groups, to update California employers on important developments involving workplace safety and health and employment law issues in California.


Learn How to Navigate California Requirements:


California's Division of Occupational Safety and Health (Cal/OSHA) is the most aggressive and enforcement-heavy approved State OSH Program in the nation, and as a result, California employers face a host of requirements that other employers around the country do not. And with a packed rulemaking agenda on the horizon, most employers stand to be impacted by at least one new standard.

In addition, California continues to experience regular changes in the employment law landscape through new legislation and decisions from the California courts. California employers always have something new to learn as the legislative session comes to a close in the fall and we know with certainty which new laws will take effect in 2025.


Our Cal/OSHA and California Employment Law Summit will cover what employers can expect in the coming months from the latest legislative and rulemaking updates to changes in enforcement priorities, and best practices for compliance.


Here is the agenda from last year's Inaugural Cal/OSHA and California Employment Law Summit. 


More information about registration and other details to come! Check out the website for official updates.

Tuesday, October 15, 2024, at 1 pm ET / 10 am PT

Presented by Kathryn M. McMahon, Valerie Butera, Anthony M. Casaletta, and Ashley D. Mitchell


To address ongoing issues with OSHA’s recently implemented GHS requirements, OSHA is proposing several revisions to the Hazard Communication Standard in order to maintain conformity with Canada and other U.S. agencies and address other issues that have developed since its implementation of GHS requirements in 2012. These proposed changes will focus on the classifying, labeling, and communicating chemical hazard information.


This webinar will explain the expected changes to Hazard Communication standard, identify the key deadlines and explain what employers need to do to come into compliance.


Participants in this webinar will learn:


  • Background about OSHA’s GHS Hazard Communication Standard

  • The most important elements of the proposed revisions that employers need to know

  • Key implementation deadlines that are coming up

  • Best practices for coming into compliance with the existing GHS HazCom Standard


Click here to register for this webinar.

Wednesday, November 13, 2024, at 1 pm ET / 10 am PT

Presented by Rachel L. Conn, Andrea O. Chavez, Ashley D. Mitchell, Darius Rohani-Shukla, and Samuel S. Rose


The latest phenomenon in artificial intelligence (“AI”), generative AI such as ChatGPT, has changed the world as we know it. While some fear AI will replace workers and others praise its efficiency and productivity, there is no doubt that AI could be the largest technological advancement since the invention of the computer.


Now, companies are starting to wrestle with how to handle the use of AI in the workplace. In fact, it is possible that your company is already using AI in ways that you might not have considered or be aware of. For Human Resources, generative AI can produce strong benefits including helping to create job descriptions, draft model interview questions, or assist managers in preparing performance evaluations. But with every benefit, there comes risk and limitations, including discrimination, confidentiality, and reliability concerns.


Participants in this webinar will learn about:


  • Protecting confidential and trade secret information

  • The Equal Employment Opportunity Commission’s (“EEOC’s”) Artificial Intelligence and Algorithmic Fairness Initiative

  • State and local laws regulating the use of AI

  • Best practices on the use of AI in the workplace


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

Wednesday, December 18, 2024, at 1 pm ET / 10 am PT

Presented by Eric J. Conn, Aaron R. Gelb, Kathryn M. McMahon, and Rachel L. Conn


As employers prepare to close the books on one year and plan for the next, there is no better time to take stock of what has been accomplished and consider what remains to be done to ensure that your company is doing all that it reasonably can to keep your employees healthy and safe while avoiding disruptive OSHA inspections and potentially costly citations. Our presenters will lead a lively discussion in which they recap “lessons learned” from noteworthy inspections and share their recommendations for 20 steps you should take in the New Year, including:


Participants in this program will learn:


  • The importance of mastering the basics of recordkeeping, reporting, and PPE assessments

  • Key programs on which to focus and audit, including noise, heat, and PITs

  • 10 steps to take to improve machine safety with a focus on LOTO and machine guarding

  • Tips for training, developing lifesaving rules, and auditing for compliance


Click here to register for this webinar.

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