Delinquent State OSH Plans, Particularly Cal/OSHA, Catch-up with Fed OSHA’s E-Recordkeeping Rule

By Eric J. Conn and Dan C. Deacon When fed OSHA promulgated the Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) in 2016, it built into the Rule a mandate that all State Plans adopt substantially identical requirements to the final E-Recordkeeping Rule within six months after its publication.  … Continue reading Delinquent State OSH Plans, Particularly Cal/OSHA, Catch-up with Fed OSHA’s E-Recordkeeping Rule

OSHA Announces Proposed Changes to its Controversial E-Recordkeeping Rule — Industry Comments Are Needed

By the OSHA Practice at Conn Maciel Carey LLP After years of advocacy for change to (or to rescind) OSHA’s controversial Obama-era rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule), and a transition to the de-regulatory platform of the Trump Administration, OSHA has taken a step (hopefully just the first step) … Continue reading OSHA Announces Proposed Changes to its Controversial E-Recordkeeping Rule — Industry Comments Are Needed

The Due Date for Round 2 of Injury Data Submissions under OSHA’s E-Recordkeeping Rule is Upon Us

The July 1, 2018 deadline for large employers (250+ employees at a single work site) and smaller employers (20-249 employees) in certain so-called “high hazard industries” to submit injury and illness data to OSHA is less than a week away.  We have been tracking closely the Trump Administration’s treatment of OSHA’s new E-Recordkeeping and Anti-Retaliation … Continue reading The Due Date for Round 2 of Injury Data Submissions under OSHA’s E-Recordkeeping Rule is Upon Us

Tug-of-War Between Fed OSHA and the State OSH Plans over the E-Recordkeeping Rule

By Eric J. Conn, Dan Deacon, and Beeta Lashkari A fascinating jurisdictional tug-of-war has broken out between federal OSHA and a few fed OSHA approved State OSH Programs, in relation to OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule).  The E-Recordkeeping Rule requires large employers and smaller employees … Continue reading Tug-of-War Between Fed OSHA and the State OSH Plans over the E-Recordkeeping Rule

Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule [Webinar Recording]

On May 15, 2018, Amanda Strainis-Walker and Dan C. Deacon of Conn Maciel Carey’s national OSHA Practice Group presented a webinar: “The Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule.“ OSHA’s controversial Electronic Recordkeeping and Anti-Retaliation Rule was promulgated in May 2016.  Despite a barrage of negative comments during the rulemaking, multiple enforcement deferrals, and two … Continue reading Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule [Webinar Recording]

OSHA’s E-Recordkeeping Deadline Extended Again – Stroke of Midnight December 31, 2017

By Eric J. Conn The December 15, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA has just passed, but it is not too late to submit injury data without being cited by OSHA for missing the deadline.  OSHA announced today that will … Continue reading OSHA’s E-Recordkeeping Deadline Extended Again – Stroke of Midnight December 31, 2017

State Plan Implementation of OSHA’s E-Recordkeeping Data Submission Rule

By Eric J. Conn and Dan C. Deacon OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires employers of  certain sizes that fall into certain categories to proactively submit electronic injury and illnesses data to OSHA through its new web portal – the “Injury Tracking Application.”  The new … Continue reading State Plan Implementation of OSHA’s E-Recordkeeping Data Submission Rule

OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

By Eric J. Conn and Dan C. Deacon In the final year of the Obama Administration, OSHA published a controversial amendment to its Injury and Illness Recordkeeping Rule known as the “Improve Tracking of Workplace Injuries and Illnesses” Rule.  As published last year, the new Final Rule significantly changed employers’ obligations under OSHA’s recordkeeping scheme.  … Continue reading OSHA Indefinitely Delays E-Recordkeeping Data Submission Requirements

Get the Record Straight: Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule [Webinar Recording]

On May 16, 2017, Amanda R. Strainis-Walker and Dan C. Deacon of Conn Maciel Carey’s national OSHA Practice Group, presented a webinar regarding “OSHA’s E-Recordkeeping and Anti-Retaliation Rule.”  Here is a link to a recording of the webinar. OSHA’s controversial new Electronic Injury and Illness Recordkeeping data submission rule, along with its new Anti-Retaliation elements … Continue reading Get the Record Straight: Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule [Webinar Recording]

Court Denies Motion to Stay OSHA’s Enforcement of Anti-Retaliation Elements of E-Recordkeeping Rule

By Eric J. Conn By Law the Anti-Retaliation Provisions of OSHA’s New Electronic Recordkeeping Rule Become Effective December 1st — Tomorrow! On November 28, 2016, the federal district court Judge in the Northern District of Texas hearing Industry’s legal challenge to the anti-retaliation portions of OSHA’s new electronic recordkeeping rule (i.e., limits on injury reporting … Continue reading Court Denies Motion to Stay OSHA’s Enforcement of Anti-Retaliation Elements of E-Recordkeeping Rule

OSHA Postpones Enforcement of Anti-Retaliation Provisions of e-Recordkeeping Rule Again

By Eric J. Conn and Dan C. Deacon OSHA has once again delayed enforcement of the controversial anti-retaliation provisions of its new electronic injury and illness recordkeeping rule.  OSHA issued its second delay of the effective date of enforcement of this portion of the rule at the request of Judge Sam Lindsay of the U.S. District … Continue reading OSHA Postpones Enforcement of Anti-Retaliation Provisions of e-Recordkeeping Rule Again

Free In-Person OSHA and Labor & Employment Client Briefing in Chicago – September 25, 2018

Join Conn Maciel Carey for an In-Person OSHA and Labor & Employment Briefing in Chicago on Tues., Sept. 25, 2018, and stay for a reception to celebrate the launch of our Chicago Office. This complimentary program will feature panel discussions with representatives from EEOC, NLRB, and OSHA addressing key policy trends and regulatory developments.  They … Continue reading Free In-Person OSHA and Labor & Employment Client Briefing in Chicago – September 25, 2018

OSHA’s Policy of Public Shaming: Status and Future under the Trump Admin. [Webinar Recording]

On August 21, 2018, Eric J. Conn and Aaron R. Gelb of Conn Maciel Carey’s national OSHA Practice Group presented a webinar: “OSHA’s Policies of Public Shaming: the Status under the Trump Admin. and the Future.“ As a small budget agency, OSHA has long looked for policies that will leverage individual enforcement actions to have … Continue reading OSHA’s Policy of Public Shaming: Status and Future under the Trump Admin. [Webinar Recording]

Important Cal/OSHA Issues that California Employers Must Track [Webinar Recording]

On July 10, 2018, Conn Maciel Carey attorneys Andrew J. Sommer, Eric J. Conn, and Megan S. Shaked presented a webinar: “Key Cal/OSHA Issues that California Employers Must Track.” The state of California’s Division of Occupational Safety and Health, better known as Cal/OSHA, is perhaps the most aggressive and enforcement-heavy approved state OSH Program in … Continue reading Important Cal/OSHA Issues that California Employers Must Track [Webinar Recording]

REMINDER: Feb. 1st Deadline to Certify and Post OSHA 300As: Four Common Mistakes Employers Make

By Eric J. Conn This is your annual reminder about the important annual February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is for the set of low hazard industries … Continue reading REMINDER: Feb. 1st Deadline to Certify and Post OSHA 300As: Four Common Mistakes Employers Make

Announcing Conn Maciel Carey’s 2018 OSHA Webinar Series

The Trump Administration has taken the reins at OSHA, and the first year of the new OSHA’s enforcement and regulatory (or de-regulatory) agenda is in the books.  We have already seen significant changes in the way OSHA does business and the tools available to the Agency in its toolkit.  Now, as the new Administration finishes … Continue reading Announcing Conn Maciel Carey’s 2018 OSHA Webinar Series

Status of OSHA’s Electronic Recordkeeping Rule – 1st Deadline (Dec. 15) to Submit Injury Data is Upon Us

By Eric J. Conn and Dan C. Deacon The December 15, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA is less than a month away.  We have been tracking closely the Trump Administration’s treatment of OSHA’s new E-Recordkeeping and Anti-Retaliation Rule, and … Continue reading Status of OSHA’s Electronic Recordkeeping Rule – 1st Deadline (Dec. 15) to Submit Injury Data is Upon Us

The Latest on OSHA’s Electronic Recordkeeping and Anti-Retaliation Rule [Webinar Recording]

On September 12, 2017, Eric J. Conn and Dan C. Deacon of Conn Maciel Carey’s national OSHA Practice presented a webinar regarding the Latest on OSHA’s Electronic Recordkeeping and Anti-Retaliation Rule. OSHA’s controversial Electronic Injury and Illness Recordkeeping data submission rule, along with new Anti-Retaliation elements, has thus far survived a barrage of negative stakeholder comments … Continue reading The Latest on OSHA’s Electronic Recordkeeping and Anti-Retaliation Rule [Webinar Recording]

Trump Admin. Pumps the Brakes on New OSHA Rules in its First Regulatory Agenda

By Eric J. Conn, Chair of Conn Maciel Carey’s OSHA Practice President Trump was carried to the White House on promises (or threats) of rolling back government regulations.  At the CPAC conference this year, Pres. Trump’s Sr. Policy Advisor, Steve Bannon, framed Pres. Trump’s agenda with the phrase: “deconstruction of the administrative state,” meaning the … Continue reading Trump Admin. Pumps the Brakes on New OSHA Rules in its First Regulatory Agenda

Finally We Have a Labor Secretary – Alexander Acosta

By Lindsay A. Disalvo On Thursday, April 27, 2017, Alexander Acosta was confirmed by the United States Senate to serve as the first Secretary of Labor in the Trump Administration.  As we reported in an earlier article when Acosta was first nominated by Pres. Trump, in this role, Sec. Acosta will oversee the federal department that … Continue reading Finally We Have a Labor Secretary – Alexander Acosta

Announcing Conn Maciel Carey’s Complimentary 2017 OSHA Webinar Series

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 … Continue reading Announcing Conn Maciel Carey’s Complimentary 2017 OSHA Webinar Series

Trump Taps Fast Food CEO Andrew Puzder for Sec. of Labor: Seismic Shift Coming to DOL Regulatory Agenda

By Andrew J. Sommer and Lindsay A. DiSalvo President-elect Donald Trump has chosen Andrew Franklin “Andy” Puzder to nominate as his Secretary of Labor, according to Trump’s transition team.  Mr. Puzder is the CEO of CKE Holdings, the parent company of Hardee’s and Carl’s Jr.  He has been a vocal critic of the Obama Labor … Continue reading Trump Taps Fast Food CEO Andrew Puzder for Sec. of Labor: Seismic Shift Coming to DOL Regulatory Agenda

OSHA Issues Guidance on Recordkeeping Anti-Retaliation Rule – Even with the Fate of the Rule in Question

By Eric J. Conn and Dan C. Deacon OSHA’s new electronic injury recordkeeping rule includes anti-retaliation provisions that create new employer obligations and prohibitions related to internal employee injury reporting procedures, and expands OSHA’s enforcement authority by introducing a vague new set of anti-retaliation provisions.  Particularly controversial is the impact of OSHA’s new rule on … Continue reading OSHA Issues Guidance on Recordkeeping Anti-Retaliation Rule – Even with the Fate of the Rule in Question

February 1st Deadline to Certify and Post the OSHA 300A: Four Common Mistakes Employers Make

By Amanda R. Strainis-Walker and Eric J. Conn of Conn Maciel Carey’s national OSHA Practice Group This is your annual reminder about the important annual February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or fewer employees or … Continue reading February 1st Deadline to Certify and Post the OSHA 300A: Four Common Mistakes Employers Make