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.

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.

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.

Presented by Eric J. Conn and Mark M. Trapp

OSHA’s new final Worker Walkaround Rule amends its existing regulation at 29 CFR § 1903.8(c) in two material ways: Changing the extreme bias against third party employee representative participation in OSHA inspections by changing existing language to allow non-employee third parties to act as employee representatives during OSHA inspections; and Expanding the types of third parties permitted to represent employees during OSHA inspections by changing existing language limiting such representatives to credentialed certified industrial hygienists or professional safety engineers, to now permitting any third-party representative who has “relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language skills.” Participants in this webinar will learn about the controversial history of this rulemaking, from an Obama Era Letter of Interpretation and related legal challenges, through the flawed rulemaking process that OSHA followed to promulgate the new rule, to a detailed review of what the final rule says and means, along with analysis about the implications for employers, expected legal challenges to the Rule, and tips and strategies for managing OSHA inspections.

To advance Pres. Biden’s promise to lead “the most Labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its final Worker Walkaround Representative Designation Process Rule (the “Worker Walkaround Rule”), which will profoundly affect employers’ legal risk in future OSHA inspections when it goes into effect on May 31, 2024.  OSHA’s intention with this rule was to permit employees’ to designate union representatives to serve as employees’ authorized representatives during OSHA inspections at non-union workplaces, but the net effect of the rule is to open the door to workplaces for all manner of problematic third parties – plaintiffs’ attorneys, disgruntled former employees, competitors, etc.

Click here to register for this webinar.

Presented by Kathryn M. McMahon, Valerie Butera, and special guest speaker Maureen Ruskin

On May 20, 2024, OSHA published its long-in-the-making revision to the Hazard Communication Standard (HCS).  OSHA’s revised its standard to better align with the United Nations’ Globally Harmonized System of Classification (GHS) in order to enhance conformity with international trading partners and other U.S. agencies, although the standard aligns with outdated version 7 of the GHS.  The new standard also builds in to the regulatory language a myriad of interpretations the agency has made since it first released its GHS-aligned HCS in 2012.  In making these changes, OSHA has introduced numerous new regulatory obligations for chemical manufacturers, importers, distributors, and downstream users required to communicate chemical hazard information.

CMC is thrilled to be joined for this special webinar event by co-presenter Maureen Ruskin, the recent-former Deputy Director of the Directorate of Standards and Guidance at OSHA, where for many years, Ms. Ruskin was the top OSHA official leading the agency’s effort to align OSHA’s HazCom Standard with the Globally Harmonized System for Classification and Labelling of Chemicals (GHS).  Maureen had a major hand in crafting OSHA’s new final HazCom Standard.

This webinar will explain the changes to the HCS, identify key compliance deadlines, and explain what employers need to do to come into compliance.  Specifically, participants in this webinar will learn:

• Background about OSHA’s HCS and its relationship with the GHS

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

• Key implementation deadlines

• Best practices for coming into compliance with the revised HCS

Click here to register for this webinar.

Presented by Aaron R. Gelb, Daniel C. Deacon, and Mark Ishu

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

The presenters will share suggestions, based on their experiences managing inspections, to help attendees self-assess key their organization’s readiness for programmed inspections.

Click here to register for this webinar.

Presented by Eric J. Conn, Rachel L. Conn, Valerie Butera, Beeta B. Lashkari, and Andrea Chavez

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.

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.

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.

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.

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.

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

Following another close national election, President Trump returns to the White House for a second term, and resumes control over the vast Executive Branch bureaucracy, including the Department of Labor’s Occupational Safety and Health Administration. OSHA is coming off the heels of a remarkable period of record-setting enforcement and a flurry of new rulemaking under the Biden/Harris Administration. The pendulum will swing as control at OSHA transitions to the Trump/Vance Administration, but just how much, how quickly, and in what ways remain to be seen. We have some clues what that will look like based on historical trends, our experience with the Trump/Pence Administration, and signals from the 2024 campaign trail. But there are a couple things that muddy the picture for the future of OSHA – President Trump has proven to be unpredictable, we never saw a Senate-confirmed Head of OSHA during his first term, and his supporting cast is shaping up to be very different this go around.  

In this special webinar event, attorneys from Conn Maciel Carey’s national OSHA Practice will review the enforcement and rulemaking landscape at OSHA during this period of transition, and peek into the crystal ball to predict what employers can expect from OSHA over the next several years, including:

• Who will be the key decisionmakers at the Department of Labor and OSHA

• What will become of OSHA’s new final Worker Walkaround Representative Designation Process Rule and the expanded E-Recordkeeping Rule

• What are the prospects for OSHA’s ongoing Heat Illness Prevention, Emergency Response, Infectious Disease and other ongoing rulemakings

• What is the fate of OSHA’s newest enforcement tools, including the expanded Instance-by-Instance Citation Policy and Severe Violator Enforcement Program

• How will the State OSH Plans conduct their business during a second Trump Administration

Click here to register for this webinar.