On Thursday, October 5, 2023, at 1 p.m. EST, join Eric J. Conn, Nicholas W. Scala, and Daniel C. Deacon for a webinar regarding Tips and Strategies for Safety-Related Incident Investigation and Audit Reports.

Safety and health audits and accident or near-miss investigations are invaluable tools to identify hazards at a workplace and improve safety, but what happens when a government regulator or plaintiffs’ attorney demands copies of the reports and/or recommendations from the audit or investigation? When not done carefully or under attorney-client privilege, audit and investigation reports can serve as admissions and/or a roadmap for OSHA and MSHA investigators or plaintiffs’ attorneys regarding areas of non-compliance. This in turn can create a disincentive for employers to audit their facilities at all or conduct thorough investigations.

This webinar will explore Continue reading →

You are cordially invited to attend the Cal/OSHA and California Employment Law Summit presented by Conn Maciel Carey LLP.

Conn Maciel Carey LLP’s Inaugural Cal/OSHA and California Employment Law Summit is an in-person program presented by the California-based attorneys in CMC’s national OSHA • Workplace Safety and Labor • Employment Practice Groups, to update California employers on important developments involving workplace safety and health issues in California.​

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On Thursday, August 10, 2023, Aaron Gelb, Rachel Conn, Megan Shaked, Valerie Butera, and Victoria Voight presented a webinar titled Enough on Fed OSHA, Here’s What to Know About the State OSH Plans.

Twenty-two states have OSHA-approved state plans that cover both private and state and local government workers. State plans have their own penalty reduction policies and procedures that may differ from OSHA but must be at least as effective. While the regulations are often like OSHA, they are not identical – employers in state-plan states cannot assume that complying with federal OSHA regulations will suffice. Keeping up with the changes in policies and procedures in state plan states can also be challenging for employers. During this webinar, we discussed how state plans differ throughout the country.

Participants in this webinar learned: Continue reading →

Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Megan Shaked has been elevated to Partner.

Ms. Shaked, a seasoned employment litigator and Cal/OSHA practitioner based in San Francisco, CA, represents employers on a wide range of employment matters, including Cal/OSHA investigations and appeals of Cal/OSHA citations, claims of discrimination and harassment, wrongful termination, wage and hour violations, and whistleblower actions.  She also conducts workplace harassment prevention training, and counsels employers on workplace safety compliance, the development of employee handbooks, hiring and termination decisions, leaves of absence and accommodations, and wage and hour compliance.

Ms. Shaked was an integral part of the expansion of CMC’s California Practice when she joined the firm back in 2018.  And now she is a key player in the next big expansion of the firm’s California Practice. Continue reading →

On Thursday, July 20, 2023, Eric J. Conn, Rachel Conn, Dan Deacon, and Darius Rohani-Shukla presented a webinar covering a Mid-Year Review of OSHA Enforcement and Regulatory Developments.

Having shared a series of predictions during our January webinar regarding OSHA’s expected enforcement and rulemaking priorities in Year 3 of the Biden Administration, we took stock of what has happened at DOL and OSHA during the first 6 months of 2023, discussed surprise developments, and looked ahead at the remainder of 2023 and beyond. We took a close look at enforcement trends, including new emphasis programs, and checked in on various rulemakings likely to impact the regulated community. At the same time, we evaluated what has been happening with OSHA’s budget and staffing trends.  Finally, we looked ahead to what employers can expect from OSHA over the balance of this presidential term.

Participants in this webinar learned: Continue reading →

Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in Workplace Safety – OSHA/MSHA, labor and employment, and litigation, is delighted to announce that attorney Rachel L. Conn has joined the firm’s San Francisco, CA office as Chair of the California Practice.

Ms. Conn comes to CMC from Nixon Peabody, where she was the Head of the OSHA Practice. At CMC, Ms. Conn will lead the team representing California and national employers in inspections, investigations and enforcement actions involving Cal/OSHA, Federal OSHA, and other State OSH Plans, especially the West Coast DOSH states. With strong experience in labor and employment law, she will also help lead the California labor and employment defense practice. Continue reading →

Conn Maciel Carey LLP (CMC), a Washington, D.C.-based boutique law firm with national practices in workplace safety (OSHA and MSHA), labor and employment, and litigation, is pleased to announce the opening of a Detroit Metro Area, Michigan office and the addition of Senior Counsel, Valerie Butera.

Ms. Butera is among a group of only twenty-five Occupational Safety and Health Law defense attorneys rated by Chambers USA, and the only Michigan-based OSHA attorney rated by Chambers.  She has extensive experience representing employers and trade associations in the full range of workplace safety and health law regulatory and enforcement matters across a wide range of industries, from chemical and petrochemical manufacturing, to petroleum refining, and automotive, electric utility, manufacturing, construction, railway, grain, retail, hospitality, healthcare, and food services. Continue reading →

Conn Maciel Carey LLP (CMC) is honored to announce that the firm has been recognized as one of only three national law firms ranked in Band 1 Nationwide for Occupational Safety and Health (OSHA) Law for the 2^nd year in a row. CMC remains the only “boutique” firm among the law firms recognized.

The recognition comes from Chambers and Partners, an independent research company that delivers detailed rankings and insight into the world’s leading lawyers and law firms. This is only the second year that Chambers has ranked the OSHA Law field, and CMC has been ranked Band 1 both years.

Chambers’ researchers identified CMC as “perhaps the foremost experts in workplace health and safety law.… CMC is made up of some of the best legal expertise that is available when it comes to safety and health matters…. They are keen to build a good relationship with their clients so that they can anticipate needs and exceed expectations.” 

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On Thursday, February 23, 2023 at 10 a.m. PST / 1 p.m. EST, join the attorneys in CMC’s Cal/OSHA Practice Group for a webinar regarding an Annual Cal/OSHA Enforcement & Regulatory Update.

Cal/OSHA and the California legislature have continued to focus their efforts on extending workplace mandates associated with COVID-19, heat illness and wildfire smoke. This update will cover the transition from Cal/OSHA’s COVID-19 Emergency Temporary Standard to the Non-Emergency COVID-19 Rule as well as other workplace safety mandates that have been recently adopted or are under consideration.

Participants in this webinar will learn: Continue reading →

On Thursday, January 26, 2023, the Partners in Conn Maciel Carey’s national OSHA Practice Group presented a webinar regarding OSHA’s 2022 in Review and 2023 Forecast.

As we approach the midway point of the Biden Administration, it’s time to look back and take stock of what we learned from and about OSHA during another very eventful year. More importantly, it is once again time to look ahead and discuss what employers should expect from OSHA during Year 3 of the Biden/Harris administration. In this webinar, the Partners in Conn Maciel Carey’s national OSHA Practice Group reviewed OSHA enforcement data and trends as well as changes to the SVEP program and new emphasis programs, rulemaking, and personnel developments from 2022. We also discussed the top OSHA issues employers should monitor and prepare for in the New Year.

Participants in this webinar learned: Continue reading →

Entering MSHA’s third year under the Biden Administration, the mining industry should expect to see a more active and emboldened agency. The past year saw the completion of MSHA political leadership, and a renewed focus on rulemaking and enforcement. In the year to come, operators can expect to see at least two rules from the agency, specifically regarding MSHA’s long-awaited proposed rule on respirable crystalline silica – or respirable quartz as MSHA sometimes refers – and the final form or the Surface Mobile Equipment rule. In conjunction with the anticipated silica rule, MSHA continues to engage in increasingly aggressive enforcement regarding industrial hygiene at the nation’s mines. The coming year will be active from both an enforcement and rulemaking perspective, meaning it is as important as ever for operators to stay attuned to developments at MSHA.

Conn Maciel Carey’s complimentary 2023 MSHA Webinar Series includes free programs put on by the MSHA-focused attorneys in the firm’s national MSHA Practice Group and is designed to give employers insight into the changes and developments at MSHA during this active period for the agency.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2023 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us.

See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

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On Thursday, January 26, 2023 at 1 p.m. EST, join the Partners in Conn Maciel Carey’s national OSHA Practice Group for a webinar regarding OSHA’s 2022 in Review and 2023 Forecast.

As we approach the midway point of the Biden Administration, it’s time to look back and take stock of what we learned from and about OSHA during another very eventful year. More importantly, it is once again time to look ahead and discuss what employers should expect from OSHA during Year 3 of the Biden/Harris administration. In this webinar, the Partners in Conn Maciel Carey’s national OSHA Practice Group will review OSHA enforcement data and trends as well as changes to the SVEP program and new emphasis programs, rulemaking, and personnel developments from 2022. We will also discuss the top OSHA issues employers should monitor and prepare for in the New Year.

Participants in this webinar will learn: Continue reading →

Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Daniel Deacon has been elevated to Partner.

Mr. Deacon, based in the Washington, DC office, advises and represents employers on a wide range of employment-related issues, including handling wage and hour disputes, claims of discrimination, harassment and retaliation, compliance with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), trade secret matters, as well as inspections, investigations and enforcement actions by OSHA, MSHA, and state OSH agencies.

Mr. Deacon joined the firm in 2015, one year after CMC was founded. “With the exception of a judicial clerkship for the 18th Judicial Circuit of Virginia, Dan has been with our team since he was a summer associate, so in a very real sense, he is one of the founders of this firm and has always been an important part of our success,” says Eric Conn, a co-founding partner and Chair of the firm’s national OSHA Practice. “It has been such a joy to watch Dan grow as an attorney into one of the rising stars of the OSHA defense bar.”

“I am so proud to have witnessed Dan advance from a Continue reading →

From all of us here in the national OSHA Practice Group at Conn Maciel Carey, to all of you, happy holidays and happy New Year.  We 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 Practice Group at Conn Maciel Carey can do to help you or your company with OSHA law issues.

On Tuesday, December 13, 2022, the attorneys in Conn Maciel Carey’s national OSHA Workplace Safety Practice Group presented a webinar in the 2022 OSHA Webinar Series regarding a Process Safety Update: The Latest with OSHA PSM & EPA RMP.

Presented by:
Eric Conn, Micah Smith, and Beeta Lashkari
of Conn Maciel Carey’s OSHA Practice Group

And Special Guest Clyde Trombettas
(former head of Cal/OSHA’s PSM Unit)

Nearly two full years in, and the Biden Administration has been making its mark in the process safety arena, rolling back the rollbacks of the RMP Rule promulgated during the Obama Administration, and dusting off the PSM reform rulemaking that had begun at that same time. The CSB has also been changing the process safety landscape with new guidance about its Accidental Release Reporting Rule and other investigation activities.

We are also pleased to announce that we were joined by a special guest co-presenter, Mr. Clyde Trombettas. Mr. Trombettas recently-retired from Cal/OSHA as the Program Manager for Cal/OSHA’s Process Safety Management Unit. He provided an update regarding Cal/OSHA’s PSM team, enforcement trends, and other PSM regulatory developments.

This process safety regulatory update: Continue reading →