Cal/OSHA Proposes Major Changes to Workplace Inspection ‘Walkaround’ Rules

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By Rachel L. Conn

Cal/OSHA has issued a Notice of Proposed Rulemaking that would significantly broaden who may accompany inspectors during workplace inspections. The proposed regulation (8 CCR 331.8) would define the roles of employer representatives and employee-authorized representatives during inspections and align California’s procedures with recent Fed/OSHA amendments adopted in 2024.

Under current California Labor Code section 6314(d), both an employer representative and a representative authorized by employees must be given the opportunity to accompany Cal/OSHA during a workplace inspection. However, Cal/OSHA regulations do not currently define who qualifies as a representative authorized by employees.

In April 2024, Fed/OSHA amended 29 CFR § 1903.8(c) to clarify that an employee representative may be an employee, a union representative, or a third party. A third party may participate when the compliance officer determines that their presence is reasonably necessary for an effective and thorough inspection.

Because California operates under a federally approved state plan, it must maintain regulations that are at least as effective as Fed/OSHA. Proposed 8 CCR 331.8 is intended to satisfy that requirement.

Key Provisions of Proposed 8 CCR 331.8

Continue reading →

ABA Journal Profiles Mark Henry Ishu’s Transition from Federal Prosecutor to Private Practice

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In a recent ABA Journal feature, Mark Henry Ishu, Senior Counsel in CMC’s Labor & Employment and OSHA & Workplace Safety Groups, discussed the professional and personal evolution that comes with transitioning from government service to private practice. In the piece, Mark reflects on his years as a federal prosecutor and trial attorney and offers candid insight into the challenges, opportunities, and mindset shifts that shaped his move into the private sector.

The article explores the realities of redefining one’s professional identity, building a practice grounded in purpose, and carrying forward the values of public service into client advocacy. Mark discusses the lessons he has carried with him and the practical guidance he shares with other government attorneys considering a similar path. Continue reading →

EPA To Revamp the Risk Management Plan (RMP) Rule … Again

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By Valerie Butera and Eric J. Conn

On February 13, 2026, the U.S. Environmental Protection Agency (EPA) released a prepublication version of its “Common Sense Approach to Chemical Accident Prevention Proposed Rule” (the Proposed Rule), which proposes amendments to its Risk Management Program (RMP) regulations, largely by rolling back provisions of the 2024 Safer Communities by Chemical Accident Prevention Rule (the 2024 SCCAP rule). The proffered changes aim to avoid duplicative regulations, realign RMP with OSHA’s PSM standard, and eliminate unnecessary financial and administrative burdens on chemical facilities.

Background

Amendments to the RMP regulations have been emblematic of the pendulum swing that often occurs when presidential administrations change – imposing more or less burdensome requirements on the regulated community depending on who is in office. In 2017, the Obama administration rolled out a midnight regulation, “RMP Amendments Final Rule,” which introduced burdensome RMP requirements for accident prevention, response, and public disclosure of information. But most of these provisions never went into effect, rescinded in 2019 by the Trump administration’s “RMP Reconsideration Final Rule.” In 2024, the Biden administration’s 2024 SCCAP rule not only restored many of the requirements from the 2017 rule, but it also imposed many new obligations. The Trump administration’s Proposed Rule would roll back the majority of the changes made by the 2024 SCCAP rule and largely return the RMP regulations to their mid-2000s state. Continue reading →

[Webinar] State OSH Plans Update

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Join Megan S. Shaked, Daniel C. Deacon, and Valerie Butera on Thursday, February 19, 2026, at 2 pm ET / 11 am PT, for a webinar titled “State OSH Plans Update.”

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 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 practices for managing compliance across jurisdictions.

Participants in this webinar will learn: Continue reading →

State Plan Signals 2025-2026

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By Darius Rohani-Shukla

While Federal OSHA establishes the baseline for OSHA standards, it is increasingly no longer the full story for employers. Indeed, the real compliance challenge today is keeping up with state plans as rules, guidance, and enforcement priorities can change quickly and diverge significantly. States are pushing hard on operationally complex, enforcement-friendly issues such as heat, ergonomics, workplace violence programs, and inspection procedures. This post highlights some of the developments from the past six months most likely to matter in practice.

Arizona: Turning up the Heat on Temperature Safety Guidance

In 2025, Arizona Governor Katie Hobbs issued Executive Order 2025-09, directing the Arizona Division of Occupational Safety and Health (ADOSH) to lead the state’s heat safety efforts. By the end of the year, ADOSH’s Workplace Heat Safety Task Force delivered recommendations calling for written Heat Illness Prevention Plans and core protections such as water, rest, shade, acclimatization, and training. Although Arizona does not yet have a codified heat standard, ADOSH’s Heat State Emphasis Program, guidance, and enforcement activity are already shaping employer expectations around heat hazards.

Washington: Warming up to Indoor Heat Rules Continue reading →

Announcing Conn Maciel Carey LLP’s 2026 OSHA Webinar Series

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As we begin the second year of President Trump’s second term, priorities and polices are starting to crystalize at the Department of Labor’s Occupational Safety and Health Administration. David Keeling, former head of safety at UPS, has been confirmed as the Assistant Secretary of Labor for OSHA and is beginning to implement his vision for the agency, which includes a greater emphasis on data and analytics, hazard prevention, and proactive risk mitigation. Rather than using every tool in its toolbox to enforce regulations, as we saw during the Biden Administration, OSHA is now looking to meet employers where they are, creating a new pathway to VPP, highlighting the use of letters of interpretation, and expanding the types and amounts of penalty discounts available.

While OSHA’s budget remains in flux pending negotiation of a full spending bill, we know that it will either remain the same as it was last year or be reduced to levels during the first Trump Administration, meaning the agency will likely remain thinly staffed both in the field and in the National Office. What this means for rulemaking and enforcement remains to be seen, but it almost certainly guarantees that OSHA will have to do less with less. For example, rulemakings like for a heat illness prevention standard or a workplace violence rulemaking process that Mr. Keeling committed to during his confirmation hearing, are likely to move slowly or not at all. We will likely see a decline in the number of enforcement inspections OSHA conducts, but over the first year of this Trump Administration, we still saw OSHA issue a slew of significant citation packages with a number of employers in different industries receiving fines of more than 1 million dollars, along with strongly worded press releases.

Given the speed and scope of change expected at OSHA this year, it is more important now than ever before for employers to keep a close watch on developments at OSHA. Conn Maciel Carey LLP’s complimentary 2026 OSHA Webinar Series, which includes monthly programs (sometimes more often) put on by the OSHA-specialist attorneys in the firm’s national OSHA Practice Group, is designed to give employers insight into developments at OSHA during this period of unpredictability and significant change. Continue reading →

Former Regional OSHA Counsel for DOL’s Atlanta Region Rachel L. Graeber Joins Conn Maciel Carey as Chair of the Firm’s Southeast Practice

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ATLANTA, GA (January 21, 2026) – Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that Rachel L. Graeber has joined the firm as a Partner and Chair of its Southeast Practice. Rachel, an accomplished and seasoned federal litigator with more than 15 years of experience, most recently served as the Regional OSHA Counsel with the Department of Labor (DOL), Office of the Solicitor for the Atlanta Region (formerly Region IV).

Eric J. Conn, a Co-founding Partner of Conn Maciel Carey and Chair of the firm’s national OSHA • Workplace Safety Practice, said, “Practicing law is rewarding when it’s with and against truly talented attorneys, and in that regard, Rachel was the quintessential respected adversary. When we had cases against each other, she proved to be a most effective advocate, strategic litigator, and creative negotiator. She was at the helm of high-profile litigation successes in complex and high-stakes matters for OSHA and MSHA. No one better to lead CMC’s support for our clients operating throughout the Southeast region.” Continue reading →

CMC Expands its Workplace Safety Practice Group with the Addition of Environmental Regulatory Veteran Chris Vamos to its DC Office

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Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that John Christopher (Chris) Vamos has joined the firm as Of Counsel in its Washington, DC, office. Chris has three decades of experience as an attorney and engineer providing comprehensive environmental, hazardous chemical management, and hazmat transportation support to industrial and manufacturing clients in the iron and steel, electric utility, metallic mineral mining, and high technology sectors.

Eric J. Conn, founding partner of Conn Maciel Carey and chair of the firm’s national OSHA & Workplace Safety Practice Group, said, “Environmental regulatory risk is always lurking nearby the workplace safety and health challenges with which we support our clients, so bringing on Chris provides the perfect complement to our team. And Chris’ engineering background gives him a unique legal and technical eye when it comes to understanding complex industrial and manufacturing processes. He is always three steps ahead anticipating legal risks and developing solutions that address the operational needs of his clients. He will be a great addition to our team.” Continue reading →

[Webinar] OSHA 2025 Year in Review and 2026 Preview

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On Thursday, January 29, 2026, at 1 p.m. ET, join the Partners in CMC’s OSHA & Workplace Safety Practice Group for an OSHA 2025 Year in Review and 2026 Preview webinar.

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, we 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: Continue reading →

Happy Holidays from Everyone at Conn Maciel Carey!

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All of us here at Conn Maciel Carey wish you a joyful and safe holiday season!

Please enjoy this holiday greeting from the CMC family to your family:

We have so much to be thankful for at Conn Maciel Carey, but most of all, we thank you all for continuing to turn to us for counsel and legal services.  Please contact us if you have questions about any of the topics we have covered here on the OSHA Defense Report blog, or if you have ideas for other subjects we should be covering.  And of course, contact any of us if there is ever anything our national OSHA & Workplace Safety Practice Group at Conn Maciel Carey can do to help your organization with workplace safety law issues.

Honoring a Career That Defined Cal/OSHA Defense: Fred Walter, CMC Of Counsel, Retires After 45 Years

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After more than four decades shaping and defending California workplace safety law, legendary Cal/OSHA attorney Fred Walter is retiring and closing a chapter on a career that helped define an entire practice area.

In a recent Cal-OSHA Reporter feature, Fred reflects on his path into Cal/OSHA defense, which began in the late 1970s in personal injury litigation before a pivotal meeting with Robert “Bob” Peterson, widely regarded as the godfather of the Cal/OSHA defense bar. As the first Chief Counsel for the Cal/OSHA Appeals Board, Peterson pioneered what was then an emerging specialty. Fred followed soon after, becoming only the second attorney to focus full-time on Cal/OSHA defense – a role he would hold for the next 45 years.

The article traces Fred’s firsthand experience with Cal/OSHA’s evolution, Continue reading →

[Webinar] Safety 2.0: New Approaches to Performance Management (HOP), Auditing & Enforcement

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On Tuesday, December 16, 2025, at 1 pm ET, join CMC’s Midwest OSHA Practice Chair, Aaron R. Gelb, and special guest, Ed Roethke, Senior Manager, Global Safety and Environment at General Mills, for a webinar titled “Safety 2.0: New Approaches to Performance Management (HOP), Auditing & Enforcement.”

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 Ed Roethke, Sr. Manager, Global Safety and Environment at General Mills, who will share his experiences as a recognized leader in the field.

Participants in this webinar will learn: Continue reading →

CMC Co-Founders, Kara M. Maciel and Eric J. Conn, Featured in ALM | LAW.COM – How We Founded a Law Firm: ‘Find Great Partners to Build With’

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Conn Maciel Carey LLP is proud to share a recent ALM | LAW.COM interview featuring the firm’s co-founding partners, Kara M. Maciel and Eric J. Conn, as part of LAW.COM’s “How We Founded a Law Firm” series.

In this candid conversation, Kara and Eric reflect on the decision to launch Conn Maciel Carey in 2013, the personal and professional motivations behind building a national boutique firm, and how flexibility and proactive client partnership shaped the firm’s business model from day one. They also offer insight into the realities of law firm leadership, including Continue reading →

Two Recent Judicial Decisions Transform the OSHA Regulatory Landscape for Railcar Fall Protection

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

While grain and feed employers have a relatively clear idea of what OSHA expects them to do when entering bins, maintaining equipment, and preventing the accumulation of fugitive dust because those requirements are set forth in the agency’s grain handling standard, 1910.272, OSHA has been all over the map—literally—of late, taking different positions as to what employers can and cannot do when loading railcars.  The grain handling standard does not address railcar loading, and while OSHA has provided guidance to its enforcement personnel, the interpretation and application of that guidance have been anything but consistent.  Two recent judicial decisions—one issued by a federal court of appeals and the other by an administrative law judge with the Occupational Safety and Health Review Commission (“OSHRC”)—have, however, significantly clarified what OSHA can require when loading railcars, and perhaps more importantly, when OSHA has jurisdiction over such work.

First, OSHA no longer has jurisdiction over work performed on or involving railcars—even loading conducted on private property—in the states that comprise the Eighth Circuit—Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.  In a recent opinion, Continue reading →

Michigan Lawmakers Consider Raising MIOSHA Penalties to Match Federal Levels

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By Tony Casaletta, Valerie Butera, and Darius Rohani-Shukla

On October 23, 2025, the Michigan Senate Labor Committee heard testimony on Senate Bills 49 and 50 (SB 49–50) — legislation aimed at raising Michigan Occupational Safety and Health Administration’s (MIOSHA) civil penalty authority to match federal OSHA penalty levels. Supporters of the bills, including lawmakers and safety officials, emphasized that updating Michigan’s penalty structure is crucial to keeping the state in compliance with federal requirements and preserving Michigan’s authority to effectively regulate workplace safety. Without these adjustments, Michigan risks losing its approved State OSH Plan status, which allows the state to manage its own occupational safety and health program rather than defaulting to federal OSHA jurisdiction over Michigan workplaces.

Both bills would also shift MIOSHA administration and enforcement responsibilities from the Department of Licensing and Regulatory Affairs (LARA) and Department of Health and Human Services (DHHS) to the Department of Labor and Economic Opportunity (LEO). This centralization is intended to streamline oversight and align MIOSHA with broader labor and employment policy initiatives.

Why the Change Is Needed Continue reading →

[Bonus Webinar] Navigating OSHA and MSHA During a Federal Government Shutdown

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On Thursday, October 16, 2025, at 1 pm ET, join Eric J. Conn and Nicholas W. Scala for a webinar about Navigating OSHA and MSHA During a Federal Government Shutdown.

With the federal government now shut down, the Department of Labor (DOL) has activated its contingency plan, significantly curtailing operations across OSHA and MSHA until Congress appropriates new funding. But what does that mean for employers? Continue reading →

The SpaceX and Jarkesy Ripple Effect: What Recent Court Decisions Could Mean for OSHA’s Whistleblower Program

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By Mark Ishu

A New Constitutional Reckoning for Agency Adjudication

The Supreme Court’s decision in SEC v. Jarkesy (2024) and the Fifth Circuit’s ruling in SpaceX v. NLRB (2025) together mark the most significant challenge in decades to the modern administrative state. Both decisions question how—and by whom—federal agencies may prosecute and adjudicate enforcement actions.

Although neither case arose under OSHA or the Department of Labor (DOL), their reasoning reaches squarely into the heart of OSHA’s whistleblower program, which relies on Administrative Law Judges (ALJs) in DOL’s Office of Administrative Law Judges (OALJ) and Administrative Review Board (ARB) to decide retaliation claims.

For employers, these rulings signal not an enforcement surge, but a structural shift that could fundamentally alter how whistleblower cases are handled and appealed. Continue reading →

Last Chance to Register for CMC’s Cal/OSHA and L&E Summit on October 21st and 23rd!

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Conn Maciel Carey LLP’s 2025 Cal/OSHA & California Labor & Employment Law Summit is an in-person program, hosted in Berkeley, CA, on Tuesday, Oct. 21, and Pasadena, CA, on Thursday, October 23, and presented by the California-based attorneys in CMC’s national OSHA • Workplace Safety and Labor • Employment Practice Groups. The Summit will provide California employers with timely updates on key workplace safety, health, and employment law developments.

Special Guest Appearance

We’re thrilled to announce Joseph M. Alioto, Jr., Chair of California’s Occupational Safety and Health Standards Board (OSHSB), will join us on October 21 AND October 23! Don’t miss your opportunity to hear directly from one of the leading voices in the field.

Appointed by Governor Gavin Newsom in 2023, Joseph leads statewide efforts to safeguard workers while considering business needs. As founder of Alioto Legal, he blends his prosecutorial rigor with business acumen (JD/MBA, UC Berkeley) to pursue public-impact litigation while advising clients facing institutional and regulatory battles.

Along with this exciting addition, you’ll also hear from:

Continue reading →

OSHA and MSHA Leadership Takes Shape with Confirmation of Trump Nominees

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By Eric J. Conn, Aaron R. Gelb, Nicholas W. Scala, and Emily Toler Scott

On Friday, October 3, almost eight months after President Trump announced their nominations, the Senate confirmed David Keeling (OSHA) and Wayne Palmer (MSHA) to lead their respective agencies, along with other key appointees for roles that will shape the Trump administration’s enforcement priorities and its regulatory (deregulatory) agenda.

Following their February nominations, Messrs. Keeling and Palmer were advanced out of the Senate Committee on Health, Education, Labor and Pensions after a public hearing for Keeling in June and without a hearing for Palmer in May. Their nominations stalled, however, in the full Senate as Senate rules required 60 votes to confirm Cabinet-level nominees, and without support from Democratic Senators, they could not advance. That changed on October 3, when the Senate exercised the “nuclear option” to allow for confirmation of Cabinet-level nominees with a simple majority vote. (A few weeks earlier, on September 19, the Senate used the “nuclear option” to confirm 48 sub-Cabinet level appointees.) After the rule change, the Senate advanced 108 nominees, including several key workplace safety and health positions:

    • David Keeling – Assistant Secretary of Labor for OSHA
    • Wayne Palmer – Assistant Secretary of Labor for MSHA
    • Jonathan Berry – Solicitor of Labor
    • Jonathan Snare – Commissioner of the Occupational Safety and Health Review Commission (OSHRC)
    • Marco Rajkovich, Jr. – Commissioner of the Federal Mine Safety and Health Review Commission (FMSHRC)

The final confirmation vote was held on October 6.

Here’s what we know about the newly confirmed leaders of the nation’s top workplace safety agencies, and the less visible but significant roles the other appointees will play as they assume office. Continue reading →

Navigating OSHA and MSHA Operations During the Federal Shutdown

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By Eric J. Conn, Nicholas W. Scala, and Hema Steele

With the federal government now shut down, the Department of Labor (DOL) has invoked its shutdown contingency plan that will remain in effect until Congress appropriates funding.  Shutdowns occur because the Antideficiency Act prohibits federal agencies from operating without appropriations unless they are addressing emergencies involving human life or property.

The following summarizes key implications for employers facing OSHA and MSHA matters.

OSHA

Operations

OSHA will furlough 1,204 of its 1,664 employees, retaining only those essential for emergency and statutory enforcement and to assist orderly shutdown activities. The agency will continue the following enforcement activities: Continue reading →

Speaker Update: Chair of California’s OSH Standards Board to Join CMC’s Cal/OSHA & L&E Summit!

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Conn Maciel Carey LLP’s 2025 Cal/OSHA & California Labor & Employment Law Summit is an in-person program, hosted in Berkeley, CA, on Tuesday, Oct. 21, and Pasadena, CA, on Thursday, October 23, and presented by the California-based attorneys in CMC’s national OSHA • Workplace Safety and Labor • Employment Practice Groups. The Summit will provide California employers with timely updates on key workplace safety, health, and employment law developments.

Special Guest Appearance

We’re thrilled to introduce the latest addition to our dynamic speaker lineup – Joseph M. Alioto, Jr., Chair of California’s Occupational Safety and Health Standards Board (OSHSB)! This is a rare opportunity to hear directly from one of the leading voices in the field.

Joseph M. Alioto Jr. is the Chair of California’s Occupational Safety and Health Standards Board (Cal/OSHA). Appointed by Governor Gavin Newsom in 2023, Joseph leads statewide efforts to safeguard workers while considering business needs. As founder of Alioto Legal, he blends his prosecutorial rigor with business acumen (JD/MBA, UC Berkeley) to pursue public-impact litigation while advising clients facing institutional and regulatory battles. Continue reading →

[Webinar] Protect Your Interest: Workplace Crisis Management

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On Wednesday, September 10, 2025, at 1 p.m. ET / 10 a.m. PT, join Eric J. Conn, Nicholas W. Scala, and Letitia Silas for a webinar titled Protect Your Interest: Workplace Crisis Management.

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 Continue reading →

Chemical Safety Board Marks First Enforcement Action Under Reporting Rule

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By Beeta B. Lashkari and Darius Rohani-Shukla

Despite the U.S. Chemical Safety and Hazard Investigation Board (CSB) not requesting a budget in its FY 2026 Budget Request – instead stating that “[t]he President’s Budget proposes $0 for CSB’s FY 2026 budget with the expectation that CSB begins closing down during FY 2025[,]” – there has been no shortage of activity at the agency over the past few months.  Indeed, the CSB successfully enforced its Accidental Release Reporting Rule for the first time ever, published a new volume of incident reports, updated its reportable events dataset, and deployed investigators to investigate three new incidents, among other things.  It also looks like the agency will be getting funding.  So, although it has closed the doors on its Pennsylvania Avenue office, like previous terms where the CSB was up for elimination, it looks like the CSB will continue operating, at least in the near future.

CSB’s First Enforcement Action Under its Accidental Release Reporting Rule

On July 28, 2025, the Environmental Protection Agency (EPA) announced a settlement with a California-based utility company for its failure to submit an accidental release report to the CSB following a June 8, 2023, natural-gas release in San Jose, California that seriously injured a worker.  Although the company filed a report concerning the release with the National Response Center (NRC) on June 8, 2023 and a follow up report on June 10, 2023, it did not report the incident to the CSB through the mechanisms available under the rule – that is, by either: Continue reading →

Conn Maciel Carey Expands its Labor & Employment and Litigation Practices with the Addition of Kimberly Cole in its California Offices

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Conn Maciel Carey LLP (“CMC”), a national boutique Labor and Employment and OSHA/MSHA Workplace Safety law firm, is pleased to announce that Kimberly Cole has joined the firm as a Senior Counsel in its Los Angeles and San Francisco offices. Kimberly will support the firm’s national Labor & Employment and Litigation Practices.

Kimberly has more than two decades of experience representing clients in various aspects of California employment law, in counseling and litigation. Her practice ranges from representing corporations in wage and hour disputes from audits to compliance to defense of individual and class action/PAGA claims. She also has defended clients faced with discrimination, retaliation, and whistleblower claims from initial demand to jury trial. She has represented clients before administrative agencies and appellate courts. Continue reading →

Hot Topic: How States and Federal OSHA Are Responding to Extreme Heat

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By Beeta B. Lashkari and Andrea Chavez

As record-breaking temperatures continue to impact communities and workplaces across the country, heat illness prevention remains a top priority for regulators at both the federal and state levels.  Below is an update on recent legislative and regulatory developments aimed at protecting workers from the hazards of extreme heat.

Federal OSHA: Rulemaking Hearing and Legislation

On the Fed/OSHA level, the current debate revolves around, if a final rule is promulgated within the next 3.5 years, whether that standard should be more prescriptive, or more performance-oriented, than the current proposed rule as drafted.  The two updates below, regarding the rulemaking hearing, and new legislation that has recently been introduced, reflect this tension.

Rulemaking Hearing:  As we just reported, the public rulemaking hearing on Fed/OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule recently concluded on July 2, 2025, after commencing on June 16, 2025.  Continue reading →