Presented by Kate McMahon, Micah Smith and Nick Scala


Safety and health audits and accident or near-miss investigations are invaluable tools to identify hazards at a workplace and improve safety, but what happens when a government regulator demands copies of the reports and/or recommendations from the audit or investigation? When not done carefully or under attorney-client privilege, audit and investigation reports can serve as admissions and/or a roadmap for OSHA and MSHA investigators or plaintiffs’ attorneys regarding areas of non-compliance. This in turn can create a disincentive for employers to audit their facilities.

This webinar explored the benefits of conducting audits and investigations at the direction of counsel so as to improve safety and compliance while also protecting the company and management from adverse use by 3rd party litigants or regulators. We reviewed audit and investigation and report-writing strategies and best practices. We also reviewed OSHA’s policy on self-audits and the reality of OSHA’s use of voluntary self-audits during inspections. And we reviewed best practices to manage MSHA’s unlimited lookback period for enforcement.

Participants in this webinar learned about:

  • Implementing attorney-client privileged audit programs and investigations

  • Maintaining privilege over results of audits and investigations, while still effectively implementing findings

  • How OSHA, MSHA or 3rd party litigants can use self-audits and inspections against an employer

  • OSHA and MSHA statute of limitations and policies on lookback for audit and incident and/or near miss reports

Presented by Kara M. Maciel and Mark Trapp

With a solid Republican majority in place for most of the Trump Administration, and new confirmations establishing a quorum, the National Labor Relations Board is methodically establishing or re-establishing many pro-employer precedents. We will discuss the status of the Board and its Members and the impact of its most important rulings. We will also discuss several ongoing NLRB rulemakings including changes to the election rules, as well as union organizing tactics in light of COVID-19. This webinar will address these and other timely issues, equipping employers to understand the potential impact on their employees and workplace.

Co-Presented by Eric J. Conn (Conn Maciel Carey LLP) and Nick Eurek (Maptician)

In July, Virginia became the first state in the nation to promulgate a mandatory rule designed to reduce COVID-19 infections in the workplace. Virginia’s rule memorializes otherwise recognized and enforceable guidance from federal OSHA, the CDC, state and local departments of health, and governors’ offices all across the country, so the policies and controls that must be implemented there are mostly needed everywhere. Specifically, employers are required to:

  • Assess and categorize potential exposures to COVID-19 in the workplace

  • Implement a written infection control and response plan

  • Promptly notify potentially exposed co-workers, VOSH/OSHA, and/or the Depart. of Health about infected workers

The core element of employers’ infection control strategies are the engineering, administrative, and safe work practice controls to enhance physical distancing (e.g., reconfiguring work stations, tracking where/when employees move throughout the workplace, thoughtful scheduling strategies like cohorting, staggering start/end/break times, etc.), conducting pre-work health screenings, and promptly contact tracing to facilitate notifications to potentially exposed employees. As is America’s way, innovators are developing technology solutions to aid in implementing these infection control strategies. A special guest from the innovative technology provider Maptician will identify technology solutions they have developed to assist employers in meeting these new regulatory requirements.


Participants in this webinar learned:


  • Background about VOSH’s COVID-19 Standard and related OSHA and CDC guidance

  • What to include in an effective Infection Control Plan

  • Technology solution for key infection control strategies

Presented by Conn Maciel Carey and special guest Richard Fairfax, former Deputy Assistant Secretary at the Occupational Safety and Health Administration.

Disciplining employees, a critical tool in enforcing workplace rules, has the potential to create problems, especially when relationships deteriorate and emotions run high. Even in situations where an employer is disciplining for the right reason, if it is handled incorrectly, a lawsuit or labor grievance could turn out to be costly. But in circumstances that warrant discipline, employers cannot just sit back. Productivity, employee morale, workplace culture, employee safety and health, and meeting goals are just some of the many considerations impacted by an effective employee discipline program. Consistent employee discipline can also benefit employers in litigation, union grievances, and inspections and investigations by the EEOC and OSHA.

This webinar will give you a blueprint to lawfully discipline employee and mitigate the risk of future litigation.


Participants in this webinar learned about:

  • The legal implications of disciplining employees

  • Tips for drafting effective discipline policies

  • Effective investigations into performance issues and misconduct

  • Strategies for carrying out effective discipline in a legally sound manner

  • Ways that employee discipline can be used offensively in litigation

Presented by Eric Conn, Chair of Conn Maciel Carey’s national OSHA Practice, Susan Wilcox, a CIH and CSP with Safety Resource Associates, and special guest Jennifer Rose, VOSH Cooperative Programs Director with the Virginia Department of Labor and Industry.

Virginia became the first state in the nation to promulgate a mandatory safety regulation designed to reduce COVID-19 infections in the workplace, when Virginia’s Governor Ralph Northam announced the commonwealth’s adoption of an Emergency Temporary Standard (“ETS”). The COVID-19 ETS, which was drafted by Virginia’s Department of Labor and Industry, requires Virginia employers to:

  • Assess potential exposures to COVID-19 in the workplace

  • Categorize the level of risk of exposure from Low to Very High (each with different mitigation requirements)

  • Develop and implement a written infection control plan

  • Provide employee training on the virus and control measures in the workplace

  • Make certain notifications about infected employees to co-workers, to VOSH, and to the VA Dept. of Health

VOSH’s COVID-19 ETS will go into effect after it is published in a newspaper of general circulation in Richmond, VA, which is expected to occur the week of July 27th. Virginia companies could face penalties ranging from approx. $13,000 up to $130,000 for each violation of the new rule.

Participants in this webinar learned:

  • Background about VOSH’s COVID-19 Standard

  • What VOSH’s COVID-19 ETS requires

  • What to include in your Infection Control Plan

  • Requirements for training, face masks, sanitation, and notifications about infected employees

  • Timelines and deadlines in VOSH’s new rule

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