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

The ball has dropped, the confetti has been swept out of Times Square, and 2024 is in the books. It’s time to take a look back and take stock of what we learned from and about OSHA over the past four years of the Biden/Harris Administration, and more importantly, look ahead to what we can expect from OSHA in the first year of the Trump/Vance Administration.

In this webinar event, attorneys from the national OSHA Practice Group at Conn Maciel Carey will review OSHA enforcement, rulemaking, and other developments from 2024, and we will discuss the Top OSHA Issues employers should monitor and prepare for in the New Year and the new Trump/Vance Administration.

Participants in this webinar will learn about:

• 2024 OSHA enforcement data and trends

• OSHA Rulemaking developments in the final days of the Biden/Harris Administration

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

• Major OSHA rulemaking and other developments to expect as the Trump Administration takes the reins

Click here to view the recording of this webinar.

Presented by Anthony Casaletta, Beeta Lashkari, and Valerie Butera

Manufacturing worksites often include many unseen health hazards that pose potential threats to workers. These hazards are often in the form of airborne dusts and vapors. Evaluating risks and having a plan to mitigate these hazards is an integral part of your company’s safety plan. This webinar will provide a high-level overview of common dust and chemical hazards, tools to help identify, recognize, and control these unseen risks, and offer solutions to meet the latest OSHA Standards and enforcement initiatives– setting in place processes to protect your workers and avoid citations.

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Presented by Aaron Gelb, Dan Deacon, and Hema Steele

Year in and year out, the same 5 standards tend to be cited the most frequently in general industry inspections. While their placement in the Top 5 may vary from time to time, Lockout/Tagout, Hazard Communication, Respiratory Protection, Powered Industry Trucks, and Machine Guarding are consistently cited more often than any other standards during inspections of general industry employers. In terms of the financial impact, the order changes slightly with LOTO and machine guarding leading the way, followed by PITs, respiratory protection, and Haz Com. No matter how you slice the numbers, the fact that these standards consistently occupy the top spots in these annual lists means that employers should prioritize compliance with the many requirements found in each standard; doing so will result in safer and healthier workplaces, not to mention more favorable outcomes if and when OSHA shows up. In our experience, however, these standards result in the most citations not because employers are indifferent, but because the standards can often be confusing and there are practitioners out there providing bad or incomplete information.

Our goal is to decipher the more confusing aspects of these standards and clear a path through the regulatory maze. During this webinar we will discuss the most common mistakes employers make attempting to comply with these standards, share our experiences in the field defending inspections involving these standards, and provide practical tips and suggestions for how general industry employers can improve health and safety outcomes in these areas, while also reducing regulatory risk.

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Presented by Beeta Lashkari, Megan Shaked, and Mark Ishu

On April 24, 2025 at 1:00 PM ET, we will hold a virtual Open Meeting of CMC’s Employers Heat Illness Prevention Rulemaking Coalition to analyze and discuss potential paths forward and next steps in federal OSHA’s rulemaking for an Indoor and Outdoor Heat Illness Prevention Standards.  In particular, we will discuss the pros and cons of advocating for federal OSHA under the Trump Administration to pick up the Heat Illness Rulemaking and finalize a rule that abandons the rigid, onerous proposed rule introduced by Biden’s OSHA, and substitute a flexible, reasonable rule that will protect workers without the unnecessary burden of the current proposed rule.  There are a lot of good reasons that employers would be better off with a workable final rule, rather than leaving the unworkable proposed rule sitting on the one-yard line.

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Presented by Lindsay DiSalvo, Ashley Mitchell, and Samuel Rose

OSHA’s injury and illness recordkeeping requirements may seem straightforward on their face, but there are many nuances in how they are actually applied that can create challenges to determining whether an injury or illness is recordable and how to record it. OSHA has issued numerous forms of guidance interpreting the various provisions of the recordkeeping standard, including letters of interpretation, enforcement guidance, FAQs, and preambles to the various final rules amending the recordkeeping standard. In addition, Occupational Safety and Health Review Commission (“OSHRC”) decisions provide some additional interpretations that establish how various parts of the recordkeeping rule are expected to be implemented by employers. And as a broader scope of recordkeeping data is being collected by OSHA and enforcement activity rises, the opportunities for OSHA to identify recordkeeping concerns increase as well.

Recently, there have been interpretations and OSHRC decisions that impact and alter how certain aspects of the recordkeeping standard have been understood. For example, a 2024 enforcement guidance memorandum provides guidance on evaluating recordability of musculoskeletal disorders and sets expectations for compliance officers evaluating recordkeeping compliance when conducting inspections, specifically how they should evaluate the repeated use of first aid treatment and whether that is the extent of the care provided. Also, a recent decision on how to record mental health conditions creates new hurdles for employers in trying to determine whether the mental health condition constitutes a work-related illness.

This webinar will review some of OSHA’s more recent and impactful recordkeeping guidance, as well as important nuances in interpreting the recordkeeping standard.

Participants in this webinar will learn:

• Why its important to get recordkeeping right

• Essential nuances to the most frequently applied aspects of the recordkeeping standard; i.e., determining work-relatedness, days away versus work restriction, what constitutes medical treatment beyond first aid, etc.

• Recent guidance/interpretations impacting application of various provisions of the recordkeeping standard

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Presented by Nicholas Scala, Dan Deacon, and Tony Casaletta

Companies in the construction industry, particularly those involved in heavy highway construction, often have a vertically integrated structure that extends beyond construction projects. These companies may operate asphalt or concrete production facilities and mines, sometimes on the same property, and share employees across mining and construction locations. This unique setup presents a significant challenge- the need to comply with both MSHA and OSHA. In this presentation, we will delve into the jurisdictional boundaries between MSHA and OSHA for such companies and their co-located facilities. We will also examine the training requirements for employees who work on both OSHA and MSHA jobs. Lastly, we will discuss best practices for managing this challenge and propose strategies for maintaining distinct inspection and enforcement structures.

Participants in this webinar will learn:

• The jurisdictional boundaries between OSHA and MSHA in the construction and mining industries

• How to manage sites with MSHA and OSHA operations in the same location

• The training requirements for employees who move between different projects

• The distinct investigation processes for OSHA and MSHA

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Presented by Kate McMahon, Eric Conn, and Scott Hecker

OSHA standards are not always written with the greatest of clarity, leaving employers, employees, OSHA inspectors, and judges having to search for the most reasonable interpretation of the regulatory text.  One tool to aide those stakeholders in understanding the true meaning of standard is a formal Letter of Interpretation (LOI).  These LOIs are issued by OSHA’s Directorate of Enforcement and represent the agency’s official view of what an OSHA standard specifically requires or prohibits and in what circumstances it applies.  Any interested stakeholder may request an LOI from OSHA in writing, and OSHA will respond (eventually) and publish its response on OSHA’s website.

OSHA LOIs have always carried extraordinary weight in disputes about OSHA citations.  Indeed, for the half-century that the Supreme Court’s decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council was the law of the land, OSHA LOIs were entitled to deference even if they did not represent the most logical interpretation of the relevant standard, as long as they were merely reasonable.  The Supreme Court has done away with Chevron deference, but LOIs still represent OSHA’s expectations.

LOIs are also important because they can be used offensively by cited employers to defend their conduct and assert they lacked fair notice that the OSHA standard applies as-cited.  Rather than waiting for citations, employers can also be proactive, and seek favorable interpretations from OSHA to affirm OSHA agrees with the interpretation the employer has been following.

Participants in this webinar will learn:

• What OSHA Letters of Interpretation are (and what they are not)

• How LOIs can be used by OSHA and employers in contested citation matters

• How employers can effectively obtain favorable LOIs from OSHA

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Presented by Kara Maciel, Lindsay DiSalvo, and Mark Ishu

The landscape for whistleblower and retaliation claims has changed in varying ways over the last several years. Employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in FY 2013, only approximately 41% of all charges filed with the EEOC included a retaliation claim, but that number shot up to about 57% in FY 2023. 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. 

Not only has the number of complaints filed significantly increased, but retaliation has also become a bigger focus of federal agencies charged with enforcing these types of claims, including OSHA, MSHA and the EEOC. This has resulted in greater resources being directed to investigation of these claims, as well as increased cooperation between agencies through memorandums of understanding (MOUs). And, although the general legal standards for review of retaliation and whistleblower claims have remained consistent, application of those standards and the judicial body that applies them may shift based on recent decisions impacting both.

Participants in this webinar will learn:

• Prevalence and impact of retaliation and whistleblower charges

• Applicable federal whistleblower and anti-retaliation laws

• Agency efforts to enforce anti-retaliation and whistleblower protections

• Legal Standards for evaluating allegations of retaliation

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 Nicholas Scala, Anthony Casaletta, and Mark Ishu

In the high stakes construction world, OSHA often issues citations for the lack of fall protection, scaffolding hazards, hazard communication failures, electrical hazards, and inadequate personal protective equipment (PPE).   Is your company at risk for violating any of these most common OSHA construction safety standards?  Identifying the root causes behind these violations is essential for every construction firm aiming to have a solid safety record and reputation,  as is executing a comprehensive plan to address them.  During this webinar we will discuss OSHA’s enforcement trends and tips and strategies to help your company avoid the five most common OSHA citations in the construction industry.

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Presented by Letitia Silas, Eric Conn, and Nicholas Scala

Whether it’s a prolonged labor strike, a publicized workplace fatality, or a sudden violent attack against your employees or customers, your organization would benefit from a legal, strategic, and practical approach to identifying, preparing for, and responding to significant workplace events with widespread negative implications.  This webinar will explore what businesses can do to prevent and minimize operational, fiscal, reputational, and legal harm, and ensure business continuity, by implementing strategies to proactively identify and mitigate risks as well as appropriately respond to and manage a crisis to protect their business and brand.

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 Valerie Butera, Rachel Conn, and Beeta Lashkari

A second Trump administration has, unsurprisingly, brought with it some changes in the process safety landscape. Controversial EPA regulations have been rolled back and OSHA’s long anticipated updates to the PSM standard have stalled out yet again. CSB has also affected process safety, rolling out new investigation reports and industry recommendations. We will discuss the impacts of these changes on compliance and enforcement.

Cal/OSHA’s PSM Unit has been busy this year, adding multiple inspectors and dramatically increasing enforcement activities. We will discuss enforcement trends and strategies for successfully navigating a Cal/OSHA PSM inspection.

This process safety update will:

• Review the status of OSHA’s rulemaking and EPA’s RMP and their impacts on enforcement

• Discuss lessons learned from recent CSB activity

• Analyze other process safety related developments at OSHA under the second Trump Administration

• Examine the latest enforcement trends in Cal/OSHA’s PSM program

Click here to register for this webinar.

Presented by Rachel Conn, Dan Deacon, and Andrea Chavez

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, in September 2024, 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.

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 Aaron Gelb and special guest Perry Logan

As organizations strive to create safer and more resilient workplaces, understanding these modern frameworks is crucial for achieving sustainable safety improvements. This session focuses on emerging concepts such as Safety 2.0, Human and Organizational Performance (HOP), and strategies for preventing serious injury and Fatality (SIF) and potential serious injury and Fatality (PSIF) incidents. Through real-world examples and legal insights, participants will gain actionable strategies for fostering a culture of safety, staying ahead of regulatory expectations, and minimizing liabilities. Our CMC attorneys will be joined by Perry Logan, National Safety Council Networks Leader, and former VP of Safety for a major manufacturing company, who will share his experiences working with companies adopting these principles.

Participants in this webinar will learn:

• The principles of Safety 2.0 and how it moves beyond traditional      compliance-based models to embrace a proactive, systems-thinking approach

• HOP principles and their application in recognizing and mitigating human error within complex organizational systems

• Practical tools and techniques for identifying and addressing SIF and PSIF precursors, ensuring a focused approach to reducing catastrophic risks

• How to identify and mitigate SIF/PSIF precursors effectively

• Insights into legal considerations and risks associated with these strategies

Click here to register for this webinar.