WEBINAR RECORDINGS

Presented by Aaron R. GelbLindsay A. DiSalvo and Megan Shaked

 

Nearly 2 million American workers report being victims of workplace violence each year, and many cases go unreported. At the same time, the #MeToo movement has brought renewed focus on sexual harassment in the workplace. While there are no OSHA standards for workplace violence or sexual harassment, the General Duty Clause requires employers to provide employees a place of employment free from recognized serious hazards. Over the years, OSHA has issued General Duty Clause citations to employers after incidents of workplace violence or harassment. ​

 

Recently, one OSHA Regional office initiated an inspection after a pediatric services employee was sexually assaulted by a client’s father after complaints were made to the employer by other employees about the alleged abuser.  The EEOC, meanwhile, continues to focus on sexual harassment, having recovered nearly $70 million for employees claiming sexual harassment through litigation and administrative enforcement in FY 2018, up from $47.5 million in FY 2017.  The question remains, however, whether OSHA will expand efforts to investigate and/or address sexual harassment, particularly in those workplaces where it is foreseeable or preventable.

 

Participants will learn about the following:

 

​- Enforcement priorities relative to sexual harassment and workplace violence at the EEOC and OSHA - Best practices related for designing effective anti-harassment policies, developing manager & employee harassment training programs, and implementing compliant investigation procedures

- Tips for creating an organizational culture in which harassment is not tolerated and ensuring employees are held accountable

- Steps that employers can take to develop and implement an effective workplace violence prevention program

Presented by Nicholas W. Scala

 

While most operators know how to respond to an inspector issuing 104(A) citations, what happens when the inspector issues a 104(B) or 107(A) or 104(D)? Each citation and order issued by MSHA either requires or prohibits some action from an operator, whether the production operator or independent contractor. Sometimes, a single order mandates action or inaction by both parties.

 

This webinar will review MSHA’s available citations and orders, with an emphasis on the appropriate reaction by operators to prevent further enforcement and safeguard contest rights.

 

During this webinar, participants will learn about:

- Available citations and orders that can be issued by MSHA inspectors;

- How to identify what action should be taken, or what action is prohibited, depending on the citation/order issued; and

- How to preserve an operator’s contest rights while complying with MSHA issuances.

Presented by Eric J. Conn, Amanda Strainis-Walker, and Micah Smith

 

Following the tragic West Fertilizer explosion in 2013, then-President Obama issued an Executive Order directing OSHA, EPA and other agencies to “modernize” the way the government regulates chemical process safety. OSHA and EPA took sweeping actions in response to the Executive Order, from enforcement initiatives (like a new wave of Refinery and Chemical Facility PSM National Emphasis Program inspections) to rulemaking and interpretation letters to overhaul OSHA’s PSM and EPA’s RMP regulatory landscape. ​

 

Then President Trump took office with a de-regulatory agenda, leaving the regulated community to wonder what this meant for these changes to process safety regulations. But rather than a continued wave of action, the momentum splintered, with some initiatives proceeding, others coming to a halt, and others still being pared back. We saw immediate delays and the beginning of rollbacks of new process safety regulations, yet enforcement initiatives appeared to move forward unhindered. And now, with two years of the Trump Administration in the books, it is still unclear where the regulatory landscape will settle. ​

 

This webinar will review the status and likely future of OSHA’s PSM Standard and EPA’s RMP Rule, as well as other major process safety developments from the federal government, state governments, and industry groups.

Presented by Aaron R. Gelb and Daniel C. Deacon

Recent state 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. Ten 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.

The web of varying state laws regarding when and how an employer can drug test an employee and what drugs an employer may test for further compounds these challenges, requiring that employers maintain a delicate balance between business objectives, employee rights, and state and federal laws.  Given the growing social acceptance of marijuana use, employers are struggling to develop and effectively implement workplace policies that address employee drug use without lessening the pool of talented employees.  What may be permissible under law may not necessarily be good for the business. 

This webinar explored the changing legal landscape concerning marijuana, review tips for developing effective drug testing policies, and tips for handling employees who test positive marijuana in states where it has been legalized to some extent.   More specifically, participants learned:

  • 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

  • How to address off-duty use of marijuana

  • When and how to drug test an employee

  • How to develop and manage workplace drug testing policies

Presented by Kate M. McMahon, Amanda R. Strainis-Walker, and Beeta Lashkari

In addition to OSHA’s myriad Safety regulations, the agency has also promulgated approx. 30 comprehensive Health standards, and established air exposure limitations for an additional 500 common chemicals present in U.S. workplaces, such as asbestos, lead, and silica.  Knowing when and how to conduct monitoring is complex, and the chemical sampling data collected can be a double-edged sword.  This webinar will help keep you clear about the requirements of OSHA’s occupational health standards, provide useful guidance and tips on the types and frequency of air monitoring or other chemical sampling that may be required or warranted at your facilities, and the programs to implement if you do experience exposure levels above the minimum regulatory thresholds (or other industry consensus thresholds).

​During this webinar, participants learned about:

  • The basics about OSHA’s Chemical Health Standards

  • How long chemical sampling data must be retained

  • When and how to share monitoring data with employees and regulators

  • Prudent actions and policies to ensure your employees are protected from chemical exposures in the workplace without creating OSHA enforcement pitfalls    

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