As the Obama Administration turns out the lights and hands over the keys to the Trump team, OSHA’s enforcement and regulatory landscape is sure to change in significant ways, from shifting enforcement priorities, budgets and policies, to efforts to repeal or re-interpret controversial Obama Era regulations. As a Washington outsider, what OSHA will look like under Pres. Trump is a greater mystery than perhaps under any other incoming President in OSHA’s history. Accordingly, it is more important now than ever before to pay attention to OSHA developments.
Conn Maciel Carey’s complimentary 2017 OSHA Webinar Series, put on by attorneys in the firm’s national OSHA Practice Group, is designed to give you insight into the changes and developments at OSHA during this period of flux and unpredictability.
To register for an individual webinar, click on the link below the program description. To register for the entire 2017 series, click here to send us an email request, and we will register you. If you missed any of our programs from the 2015 or 2016 OSHA Webinar Series, here is a link to an archive of recordings of those webinars.
OSHA’s 2016 In Review and
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Joint & Multi-Employers, Contractors and TempsTuesday, July 11th |
New Slips, Trips
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FAR/DOL Contractor “Blacklisting” RuleTuesday, August 15th |
Standards Improvement Project: Proposed Changes to LOTOTuesday, March 28th |
Meet OSHA’s New
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New Cal/OSHA
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Addressing Employee
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OSHA’s New E-Recordkeeping
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OSHA’s Fatality &
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Interpretations and Variances: Trump Era Regulatory StrategyTuesday, June 6th |
OSHA PSM and
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See below for descriptions of the
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Top 5 OSHA Issues to Track in 2017
Wednesday, January 25, 2017 at 1 PM ET
Presented by Eric J. Conn, Kate McMahon, Amanda Strainis-Walker, Micah Smith, Lindsay DiSalvo and Dan Deacon
The ball has dropped, the confetti has been swept out of Times Square, and 2016 is in the books. It’s time to look back at the year and take stock of what we learned from and about OSHA over the past year. More importantly, the question on everyone’s mind (well, maybe just ours), is what can we expect from OSHA in the first year of the Trump 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 2016, and will discuss the Top 5 OSHA Issues employers should monitor and prepare for in the New Year.
Participants will learn the following:
- 2016 OSHA enforcement data and trends and rulemaking achievements
- Important OSHA developments from 2016
- Major OSHA rulemaking and other developments to expect during the Trump Administration’s inaugural year
- Other significant OSHA policy issues to watch out for in the New Year
Click here to register for this webinar.
OSHA’s Slips, Trips and Falls Rule Gets a Facelift
Wednesday, February 8, 2017 at 1 PM ET
Presented by Kate M. McMahon and Micah Smith
Only a few decades in the making, OSHA has finally updated its Walking / Working Surfaces Standard, the regulation that governs slips, trips and fall hazards in general industry. Slips, trips and falls are among the leading causes of work-related injuries and fatalities in the U.S. The new final rule attempts to modernize OSHA’s regulations to prevent fall hazards based on advances in fall protection technologies and methods.
Participants in this webinar will learn:
- The new requirements for managing slip, trip and fall hazards in general industry
- New criteria for fall protection equipment and ladder safety
- Effective dates for the new Walking / Working Surfaces Standard
Click here to register for this webinar.
OSHA’s Standards Improvement Project: “Unexpected” Changes to the Lockout/Tagout Standard?
Tuesday, March 28, 2017 at 1 PM ET
Presented by Eric J. Conn and Dan C. Deacon
OSHA initiated a “Standards Improvement Project” in 1995 in response to a memorandum from Pres. Clinton in order to make non-controversial, consensus changes to requirements in OSHA standards that are confusing, outdated, duplicative or inconsistent. There have been a series of rulemakings under the SIP umbrella in 1998, 2005, 2011 and now SIP Phase IV published in October 2016. Phase IV proposes 18 revisions to existing standards, including a change to OSHA’s Lockout/Tagout standard that is hardly non-controversial. OSHA is attempting to use the SIP to undo a judicial interpretation of “unexpected energization” that OSHA does not support. Specifically, reading the term unexpected right out of the standard.
Participants in this webinar will learn about:
- The origins and intent of the Standards Improvement Project
- Prior changes to OSHA standards completed under the SIP
- The controversy around “unexpected energization” in OSHA’s LOTO Standard
- Changes to OSHA’s LOTO Standard proposed in SIP Phase IV
Click here to register for this webinar.
New Cal/OSHA Issues California Employers Must Track
Tuesday, April 11, 2017 at 1 PM Pacific
Presented by Andrew J. Sommer and Eric J. Conn
The state of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is perhaps the most aggressive and enforcement-heavy approved state OSH Program in the nation. California employers face a host of requirements that other employers around the country do not. Likewise, the Cal/OSHA inspection and appeal process creates several unique landmines for California employers.
In light of new Cal/OSHA standards taking effect in 2017 and others on the horizon, this is the perfect time for companies doing business in the Golden State to revamp their safety programs and take necessary steps to ensure compliance with the latest Cal/OSHA safety regulations.
During this webinar, participants will learn about:
- Cal/OSHA’s New Repeat Violation Rule
- Cal/OSHA’s New Workplace Violence Rule for Health Care Facilities
- New Law Mandating the Development of Heat Illness Prevention Regulations for Indoor Workplaces
- Changes to Cal/OSHA Penalties on the Horizon
- Other Industry Specific Developments
Click here to register for this webinar.
Get the Record Straight: Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule and the Volks Rule
Tuesday, May 16, 2017 at 1 PM ET
Presented by Eric J. Conn and Amanda R. Strainis-Walker
OSHA’s controversial new Electronic Recordkeeping and Anti-Retaliation Rule has survived a barrage of negative comments during the rulemaking, multiple enforcement deferrals, and a legal challenge complete with a preliminary injunction motion. Now, all elements of the rule are in effect, including limits on post-injury drug testing and incentive programs, and by or before July 1, 2017, thousands of employers will, for the first time, submit injury and illness recordkeeping data to OSHA for publishing online.
Another new rule, “Continuing Duty to Maintain Up-to-Date and Accurate Injury & Illness Records,” imposes a continuing duty on employers to update and maintain accurate injury and illness logs for the entire five-year record retention period. This rule effectively extends OSHA’s statute of limitations for recordkeeping violations from six months from the day of the recordable injury to five years and six months.
During this webinar, participants will learn about:
- Requirements of OSHA’s Electronic Injury Recordkeeping data submission
- Anti-Retaliation Elements of the E-Recordkeeping Rule
- OSHA’s new rule extending the statute of limitations for recordkeeping violations
Click here to register for this webinar.
OSHA Interpretations and Variances: Regulatory Strategies Resurrected in a Trump Administration
Tuesday, June 6, 2017 at 1 PM ET
Presented by Kate M. McMahon, Micah Smith and Andrew J. Sommer
A new world has just taken hold in Washington, DC, and with it, we expect OSHA to be much more open to employers’ views how regulatory programs should apply in their workplaces. This opens the door to regulatory strategies designed to obtain favorable OSHA interpretations of existing regulations, or perhaps even the availability of the historically rare regulatory variance. The OSH Act authorizes OSHA to grant temporary and permanent variances that allow an employer to deviate from the strict requirements of a regulation if the employer implements alternative protections to assure the workplace is “as safe as” it would otherwise be by complying with the regulatory requirement.
This webinar will review regulatory strategies that had been effectively foreclosed during the Obama Administration, but which may now be available to employers to craft practical solutions to unnecessary regulatory burdens while continuing to keep workers safe.
Participants in this webinar will learn about:
- The process OSHA follows to develop and issue interpretations of its regulations and how employers can influence that process
- Advance groundwork necessary to maximize the likelihood of a favorable regulatory interpretation
- How and when it may be appropriate to apply for and obtain a regulatory variance
- How to insulate your company from legal exposure when engaging with OSHA about regulatory interpretations and variances
Click here to register for this webinar.
Joint and Multi-Employer, Independent Contractor, and Temp Worker Employment Law and OSHA Issues
Tuesday, July 11, 2017 at 1 PM ET
Presented by Jordan B. Schwartz, Eric J. Conn and Lindsay A. DiSalvo
Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the Department of Labor takes the same view. At the tail end of the Obama Administration, DOL was vocal about its belief that most workers should be treated as employees, insinuating that in most cases, employers will be accountable for the specific obligations of an employer-employee relationship. Additionally, employers may have certain obligations and potential liability depending on their role at multi-employer worksites or in joint employer situations. DOL has been cracking down on employee misclassification and division of responsibility among multiple employers.
It is essential for employers to carefully evaluate the employment relationship and their own individual function in the multi-employer context.
During this webinar, participants will learn:
- Criteria used to evaluate the employer-employee relationship
- Employers roles on a multi-employer worksite and the specific obligations associated with each role
- Guidance on how to clearly establish an independent contractor relationship
- How to lawfully and effectively manage temporary workers at your workplace
Click here to register for this webinar.
The Future of the FAR / DOL Contractor Blacklisting Rule?
Tuesday, August 15, 2017 at 1 PM ET
Presented by Eric J. Conn and Kate M. McMahon
The Federal Acquisition Regulation (FAR) Council issued a final Rule implementing Pres. Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order. Simultaneously, the Dept. of Labor issued guidance to assist federal agencies implementing the FAR rule. The Rule has been dubbed the Contractor “Blacklisting” Rule. The Blacklisting Rule and guidance require all companies bidding for government contracts valued at $500,000 or more, to provide information to the contracting agency regarding the company’s recent history of OSHA and labor law violations – including alleged, unproven violations. The information disclosed can result in disqualification from the bidding process, debarment or suspension from contracting with the Federal government, or obligations to enter into a Labor Compliance Agreement, to undertake extra regulatory actions to become eligible for the contract award.
Courtesy of a federal District Court in Texas, however, the government’s implementation of the Blacklisting Rule has been stayed pending the outcome of a legal challenge to the rule. So what is the future of the Blacklisting Rule?
This webinar will assist government contractors in understanding the FAR / DOL Blacklisting rule, by reviewing:
- Who is covered, and what contractors’ obligations are under the new rule
- The labor law and occupational safety and health law aspects of the rule
- The status and future of the legal challenge to implementation of the rule
Click here to register for this webinar.
Who is this New Leadership Team at OSHA?
Tuesday, September 12, 2017 at 1 PM ET
Presented by Amanda R. Strainis-Walker and Eric J. Conn
The Assistant Secretary of Labor for OSHA and the rest of the Leadership Team in OSHA’s national office in Washington, DC turned over the keys to the Trump Administration. The Trump Administration has now installed its own OSHA Leadership Team, and the backgrounds and regulatory philosophy between the outgoing and new decision makers and policymakers at OSHA could not be more different.
This webinar will review the new appointees who have taken the reins at OSHA, and discuss how this new Leadership Team will affect the OSHA enforcement and regulatory landscape.
Click here to register for this webinar.
Addressing Employee Complaints: Whistleblower / Retaliation Claims and OSHA Notices of Alleged Hazards
Tuesday, October 17, 2017 at 1 PM ET
Presented by Kara M. Maciel, Kate M. McMahon and Dan C. Deacon
It is essential for employers to develop, maintain, and evaluate their employee complaint policy and procedure to foster a supportive work environment and address employee issues before they turn into a regulatory issue or the basis for litigation. As part of this complaint policy, employers must also ensure their management representatives understand how to effectively interact with a complaining employee after a grievance has been communicated, including dealing with performance issues in a manner that makes clear any adverse employment action is distinct from the employee’s complaint.
OSHA whistleblower complaints have been on the rise, and the Equal Employment Opportunity Commission receives more charges of retaliation than any other type of claim for the statutes they regulate, including Title VII discrimination. Participants in this webinar will learn the following:
The laws and regulations impacted by employee complaints and complaint procedures, including Title VII harassment claims, OSHA recordkeeping regulations, and retaliation provisions of relevant employment laws and the OSH Act
What an employee complaint procedure should include, how it should be communicated to employees, and tips for implementation
Effective investigation of employee complaints, and how to share investigation results without crossing confidentiality
Strategies to ensure supervisors effectively manage employees who have lodged complaints without creating retaliation or regulations liabilities
Click here to register for this webinar.
OSHA Fatality and Injury Reporting Rule: Lessons Learned
Tuesday, November 14, 2017 at 1 PM ET
Presented by Eric J. Conn and Lindsay A. DiSalvo
The Obama Administration rolled-out a major change to OSHA’s Fatality & Injury Reporting Rule, which resulted in thousands of more reports of incidents to OSHA. Now, three years into the new reporting scheme, this webinar takes a hard look at what is being reported to OSHA and what OSHA is doing with all the new reports.
Participants in this webinar will learn the following:
- Requirements of OSHA’s Fatality and Injury Reporting Rule
- Lessons about reports that some employers are making that are not required
- Reporting Data and trends during the first few years of the new Reporting Rule
- Actions OSHA is taking in response to the various types of injury reports
Click here to register for this webinar.
OSHA PSM Standard & EPA RMP Update
Tuesday, December 12, 2017 at 1 PM ET
Presented by Eric J. Conn, Amanda Strainis-Walker, and Micah Smith
Following the tragic West Fertilizer explosion in 2013, Pres. Obama issued an Executive Order directing OSHA, EPA and other agencies to “modernize” the manner in which the government regulates chemical manufacturing processes. OSHA and EPA have engaged in rulemaking to create sweeping changes to the Process Safety Management standard and Risk Management Plan rule. This webinar will dive deep into the changes we have already seen, and those making their way through the rulemaking process.
Participants will learn about the following:
- OSHA’s and EPA’s Rulemaking Efforts to “modernize” the PSM and RMP regulations
- OSHA’s controversial PSM rulemaking by interpretation letters
- The future of the PSM and RMP regulatory schemes under a Trump Administration
Click here to register for this webinar.