Presented by the Partners in CMC’s OSHA & Workplace Safety Practice Group

As we do every January, it is time to take stock of what changed at OSHA over the past year—and what did not. With 2025 now complete, employers are assessing the impact of the first year of the Trump/Vance Administration on OSHA enforcement, rulemaking, and agency priorities, while also looking ahead to what to expect under newly confirmed Assistant Secretary of Labor for Occupational Safety and Health, David Keeling.

Despite a smaller workforce following staffing reductions and a reduced congressional budget, OSHA has continued to pursue high-dollar enforcement actions and publicized citations. Fewer inspectors have not eliminated enforcement risk, making it critical for employers to understand where the Agency is focusing its resources.

In this webinar, the Partners from CMC’s national OSHA Practice Group will review key OSHA enforcement trends and regulatory developments from 2025 and highlight the top OSHA issues employers should monitor and prepare for in the year ahead.

Participants in this webinar will learn about:

• 2025 OSHA enforcement data and trends

• Shifts in enforcement priorities and policies during the Trump/Vance Administration’s first year

• OSHA rulemaking priorities under Assistant Secretary David Keeling, including the status of the heat illness rule and potential updates to the hazardous energy control (LOTO) standard

• Other developments employers should be tracking in the year ahead

Click here to register for this webinar.

Presented by Rachel L. Conn, Anthony M. Casaletta, 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 policies and procedures that differ from OSHA’s. As such, employers with operations 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 is a must, particularly those with operations throughout the country. Our team of OSHA lawyers practicing in various state-plan states will provide an overview of key differences and best practice for managing compliance across jurisdictions.

Participants in this webinar will learn:

• How state plan states differ from federal OSHA

• Examples of regulations unique to certain state plans

• How policies and procedures vary in state-plan states

• New developments and trends

• Compliance tips for employers with operations in multiple states

Click here to register for this webinar.

Presented by Eric J. Conn, Aaron R. Gelb, and Lindsay A. DiSalvo

Year over year, there are certain OSHA regulations that are more commonly cited than others. The frequency of citations under specific regulations is certainly workplace and industry-dependent, but two standards that tend to be repeatedly considered and/or cited in the course of an OSHA inspection are Recordkeeping and Lockout/Tagout. Indeed, OSHA requests OSHA injury and illness records during every federal OSHA or state-plan inspection, making them an easy target if the Agency is looking for something on which to cite an employer. Several lockout/tagout requirements tend to provide low-hanging fruit for compliance officers during an inspection related to an injury or complaint involving workplace equipment/machines, and the Amputations National Emphasis Program could be used to broaden a more limited inspection to address lockout/tagout more generally. This also makes it essential for employers to understand their rights during an inspection and what control they have in limiting its scope.

This webinar will review why these areas of OSHA practice are important to get right and proactively address. Specifically, the webinar will cover:

• Significance of understanding and preparing for OSHA inspections

• Potential areas of exposure due to improper or inaccurate recordkeeping

• Employer vulnerabilities related to the requirements of the Lockout/Tagout standard

Click here to register for this webinar.

Presented by Rachel L. Conn, Rachel L. Graeber, and Beeta B. Lashkari

As temperatures begin to rise, now is the time for employers to renew their focus on heat illness prevention.  Although Fed OSHA made significant progress towards promulgating a heat illness prevention standard for both outdoor and indoor work settings during the Biden Administration, it stopped short of the finish line.  Fed OSHA, however, still has many enforcement tools at its disposal.  Additionally, many OSH State Plan states have promulgated their own heat illness prevention standards, including California (separate standards for outdoor and indoor heat), Washington (outdoor heat), Oregon (single standard for both outdoor and indoor heat), Minnesota (indoor heat and cold stress), Maryland (single standard for both outdoor and indoor heat) and Nevada (single standard for both outdoor and indoor heat).

Employers should start getting ready to implement heat illness prevention and mitigation measures now, first and foremost, to protect their employees, and to avoid potential OSHA citations.  Join us for our webinar discussing FedOSHA’s heat illness rulemaking – its status, scope and what it may require – as well as the other significant steps Federal and State OSHAs are taking to address heat illness.

Participants in this webinar will learn:

• The latest FedOSHA and state rulemaking efforts, including emphasis programs

• Strategies for reviewing and updating heat illness prevention plans and training

• Summary of 2025 enforcement trends and predictions for 2026

Click here to register for this webinar.

Presented by Daniel C. Deacon, Emily Toler Scott, and Andrea O. Chavez

Employers striving to provide safe, compliant, and productive workplaces face no shortage of challenges when it comes to testing employees for potential drug use. The federal government is rescheduling marijuana and banning certain hemp products, state laws about marijuana and employees’ privacy continue to evolve, and opioid use remains prevalent. Drug testing employees is often prudent or even necessary, but it is anything but straightforward. Getting it wrong can lead to claims of retaliation, disability discrimination, breach of privacy, state law violations, and complaints to federal and/or state agencies.

Drug use in the workplace can also create safety and health risks to employees and customers. The Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) have different safety and health standards that may be implicated by testing employees, and the agencies often investigate retaliation complaints made by employees who are disciplined after positive tests. Employers need to understand their compliance obligations and how to use drug tests to promote safety. And if an accident occurs, a drug test can be a crucial tool during any investigation or enforcement action.

Participants in this webinar will learn:

• When and whether drug testing employees is permitted

• Tips for designing and administering a drug testing program

• How to minimize legal risks associated with drug tests

• How to navigate various state laws regarding recreational and/or medical marijuana

• OSHA and MSHA implications of drug testing

Click here to register for this webinar.

This program has been approved by SHRM for 1 hour of HR professional development credit.

This program has been approved for 1 (General)) recertification credit hour toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute.

Presented by Rachel L. Conn, Daniel C. Deacon, and Anthony M. Casaletta

While OSHA lacks a specific ergonomics standard, it enforces workplace safety under the General Duty Clause (Section 5(a)(1) of the OSH Act), requiring employers to maintain workplaces free from recognized serious hazards, including musculoskeletal disorder (MSD) risks. OSHA also uses National Emphasis Programs (NEPs)—such as the Warehousing & Distribution NEP—to target high-risk industries, incorporate ergonomics into inspections, and issue citations or hazard alerts when hazards are identified.

In this webinar, CMC attorneys will walk you through the most common ergonomic risks—repetitive motion, awkward lifting, twisting, bending, and heavy material handling—and share insights from real-world investigations. You’ll learn how to identify potential hazards, navigate OSHA ergonomics inspections, and implement strategies to manage compliance while minimizing legal exposure.

Click here to register for this webinar.

Presented by Eric J. Conn, Aaron R. Gelb and Hema Steele

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 launched a series of new National Emphasis Programs (“NEP”) targeting heat illness, silica, and the warehousing industry during the Biden Administration, while also announcing a number of new Regional and Local Emphasis Programs (“REP” and “LEP”) across the country. To the surprise of many observers, Trump’s OSHA renewed the Amputations NEP for another 5 years, while also extending the Heat Illness NEP for another year. While it remains to be seen if any emphasis programs will be rescinded by OSHA’s new leadership, covered employers 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 subjected to 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. This will be 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.

• The differences between emphasis program inspections and incident/complaint inspections.

• How emphasis programs have been modified and strategies for successful outcomes.

• Our personal experiences regarding inspections conducted under key emphasis programs.

Click here to register for this webinar.

Presented by Jordan B. Schwartz and Hema Steele

When faced with a request for a disability-related accommodation, employers often focus on the legitimacy of the request or the feasible accommodations that will meet the employee’s need and ensure compliance with the ADA. And when faced with a safety concern, employers focus on how to keep employees safe and remain OSHA-compliant without adversely affecting operations. But what happens when these two worlds collide? What if the accommodation impinges on the employer’s safe work practices or safety policies or OSHA requirements?

In this webinar, participants will learn how to address the complicated situation of when a request for accommodation clashes with safety requirements.

Click here to register for this webinar.

This program has been approved by SHRM for 1 hour of HR professional development credit.

This program has been approved for 1 (General)) recertification credit hour toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute.

Presented by Rachel L. Conn, Rachel L. Graeber, and Scott Hecker

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. 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 workplace violence incident (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. Numerous state laws also govern workplace violence in specific industries, such as retail, hospitality, and healthcare.  Most recently, New York implemented the New York Retail Worker Safety Act which likely reflects the start of a trend in workplace violence prevention laws nationwide.

Additionally, the EEOC has prioritized ways to effectively prevent and address workplace violence, particularly in workplace harassment. Furthermore, outside of OSHA, state legislation, and the EEOC, employers can 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

• Legal risks associated with workplace violence

• Updates on federal OSHA workplace violence rulemaking

• California’s Workplace Violence law

• New York’s Retail Worker Safety Act

• Patchwork of State Laws to deter and address workplace violence

Click here to register for this webinar.

Presented by Eric J. Conn, Rachel L. Conn, Aaron R. Gelb, and Mark Ishu

Building on recent enforcement developments, significant OSHA cases decided over the past year reveal an agency testing the outer bounds of its enforcement authority—and adjudicators increasingly focused on where those limits lie. Rather than operating as isolated disputes, these cases illustrate broader enforcement trends involving the expanded use of instance-by-instance penalties, renewed attention to the unit of prosecution, and efforts to extend enforcement consequences beyond a single worksite.

This webinar examines what significant federal OSHA cases are telling us about how enforcement strategy is evolving, where OSHA is gaining traction, and where courts and the Review Commission are drawing lines. Using recent litigation and high-impact enforcement actions as guideposts, the session focuses on how penalty exposure is being multiplied, how enterprise-wide implications are being asserted, and why classification and notice issues are increasingly outcome-determinative.

The program will also address California OSHA (Cal/OSHA) as a distinct but important component of this landscape. Significant California cases and enforcement actions demonstrate a different path to corporate-wide impact, often through abatement expectations, programmatic remedies, and settlement leverage—creating practical “crossover” risks for multi-state employers even when legal regimes remain separate.

Designed for in-house counsel, safety and EHS professionals, HR leaders, and compliance teams, this session translates case-driven enforcement trends into practical guidance for managing inspections, defending citations, and responding to enforcement in a way that limits, rather than expands, enterprise-wide exposure.

Participants in this webinar will learn about:

• What recent significant OSHA cases reveal about the expanded use—and limits—of instance-by-instance penalties

• How courts are re-centering enforcement disputes on the unit of prosecution

• When OSHA’s enterprise-wide theories are gaining traction and when they are being rejected

• Why violation classification and fair notice are increasingly decisive issues

• How Cal/OSHA cases create practical corporate-wide risk for multi-state employers

• Strategies for responding to significant cases in a way that contains exposure and preserves defenses

Click here to register for this webinar.

Presented by Kara M. Maciel, Nicholas W. Scala, and Kimberly Cole

Internal investigations and compliance audits are critical tools for identifying risk, responding to incidents, and demonstrating good-faith compliance—but if not handled carefully, they can create new legal exposure. Issues such as preserving attorney-client privilege, managing sensitive witness interviews, and preparing defensible investigation reports arise across both workplace safety and labor and employment matters, regardless of industry or organizational structure.

In this webinar, we will examine best practices for conducting privileged investigations and audits that withstand scrutiny from regulators, plaintiffs’ counsel, and internal stakeholders. The program will provide actionable guidance on coordinating across legal and operational teams and avoiding common pitfalls that can jeopardize privilege or credibility.

Participants will learn about:

• Establishing and preserving attorney-client privilege and work product protection in investigations and audits

• Conducting effective witness interviews, including best practices when translation or interpretation is required

• Coordinating investigations across safety, HR, and leadership teams without undermining legal protections

• Preparing investigation and audit reports that are accurate and aligned with strategic objectives

• Common missteps that can expose employers to regulatory, litigation, or reputational risk

Click here to register for this webinar.

This program is pending approval by SHRM for 1 hour of HR professional development credit.

This program is pending approval for 1 (General)) recertification credit hour toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute.

Presented by Kathryn M. McMahon, Chris Vamos, and special guest Maureen Ruskin, former Deputy Director of the Directorate of Standards and Guidance at OSHA

The overlapping, confusing and often conflicting web of chemical exposure limits established by OSHA, NIOSH, and voluntary organizations like ACGIH present challenges to employers trying to make good judgments about the controls in place at their facilities to ensure that their employees’ health is not being compromised by chemicals present in the workplace. EPA has added its voice to the arena, adding even more confusion to the determination of what exposure levels are appropriate.  

In this webinar, CMC attorneys Kate McMahon and Chris Vamos, along with special guest Maureen Ruskin, former Deputy Director of the Directorate of Standards and Guidance at OSHA, will unravel the web of conflicting exposure limitations, explain how these limits apply in your workplace, and provide guidance on best practices for monitoring and controlling air exposures at your worksite. We will provide a foundation to evaluate industrial hygiene recommendations and practices for chemicals processed at your facilities and help participants learn how to translate technical monitoring data into useable information to ensure a sound approach to the control of chemicals in your workplaces. Designed for in-house counsel, safety and EHS professionals, and compliance teams, our practitioners will bring a dense and technical area of occupational safety and health regulation into focus so it can be effectively managed by your safety and environmental teams in the field and understood and evaluated by your legal and compliance personnel.

Click here to register for this webinar.