OSHA’s 2022 Year in Review and 2023 Forecast [Webinar Recording]

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

Announcing Conn Maciel Carey LLP’s 2023 MSHA Webinar Series!

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.

MSHA’s 2022 in Review and 2023 Forecast
Tuesday, February 21st

Mid-Year Update and FMSHRC Significant Cases
Wednesday, July 19th

The Mine Act and MSHA Inspection Powers
Thursday, March 23rd

Managing MSHA Complaint & 105(c) Investigations
Tuesday, September 12th

Preparing for Serious Accident and Fatality Investigations
Tuesday, April 18th

Safety-Related Incident Investigations and Audit Reports
Thursday, October 5th

Where Does MSHA’s Authority Begin and OSHA’s End?
Tuesday, May 16th

Best Practices at Multi-Operator MSHA Sites
Wednesday November 15th 


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

Continue reading

[Webinar] OSHA’s 2022 Year in Review and 2023 Forecast

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 Elevates Daniel Deacon to Partner

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

Happy Holidays and Happy New Year from Conn Maciel Carey!

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:

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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.

Process Safety Update: The Latest with OSHA PSM & EPA RMP [Webinar Recording]

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 ConnMicah 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

Cal/OSHA COVID-19 Non-Emergency Rule Is Adopted

By Megan S. Shaked and Andrew J. Sommer

On December 15, the California Occupational Safety and Health Standards Board voted 6-1 to adopt the COVID-19 Prevention Non-Emergency Regulations. The Non-Emergency Rule was proposed to replace the Cal/OSHA COVID-19 Emergency Temporary Standard, which has been in effect in four different versions since November 30, 2020 and is set to expire on December 31, 2022.

The Office of Administrative Law will now review the new regulation, which is expected to be formally approved, effective January 1, 2023.

Discussion from the Standards Board Meeting

During the meeting, stakeholders provided public comments on the proposed Non-Emergency Rule.  During the public comment period, Conn Maciel Carey spoke on behalf of the California Employers COVID-19 Prevention Coalition, composed of a broad array of California employers and trade groups substantially impacted by Cal/OSHA’s COVID-19 rulemaking. We urged the Board to vote “no” on the proposal, highlighting the availability of vaccinations, testing and treatment and the inflexibility of the two-year fixed term. We also Continue reading

[Webinar] Process Safety Update: The Latest with OSHA PSM & EPA RMP

On Tuesday, December 13, 2022 at 1 p.m. EST, join us for a webinar in Conn Maciel Carey’s 2022 OSHA Webinar Series regarding a Process Safety Update: The Latest with OSHA PSM & EPA RMP.

Presented by:
Eric ConnMicah 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 will be 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 will be providing an update regarding Cal/OSHA’s PSM team, enforcement trends, and other PSM regulatory developments.

This process safety regulatory update will: Continue reading

Michigan OSHA Enforcement and Regulatory Update [Webinar Recording]

On Wednesday, November 30, 2022, Anthony Casaletta and Eric Conn presented a special bonus webinar in Conn Maciel Carey’s 2022 OSHA Webinar Series regarding a Michigan OSHA Enforcement and Regulatory Update.

Presented by
Anthony M. Casaletta and Eric J. Conn

We are pleased to announce that CMC’s newest addition, Tony Casaletta, a former Michigan OSHA (MIOSHA) Official who has just joined the firm as Of Counsel, led our very first MIOSHA update. Prior to joining the firm, Tony spent 18 years with MIOSHA in various roles, working his way up to Health Supervisor for the MIOSHA Construction Safety and Health Division.  Through his tenure at MIOSHA, Tony specialized in industrial hygiene enforcement in both general industry and construction, managed the MIOSHA Asbestos Program, and oversaw the enforcement activities of MIOSHA’s Construction field industrial hygienists throughout the state of Michigan. In addition, Tony worked as an adjunct professor at Wayne State University where he taught in the University’s Industrial Hygiene graduate program.

Tony was joined by the firm’s OSHA Chair, Eric J. Conn, also a proud member of the Michigan Bar. The two OSHA-specialist attorneys provided an overview of MIOSHA’s enforcement program, the latest data and trends in MIOSHA enforcement, and other MIOSHA issues for employers to monitor.

During this webinar, participants learned about: Continue reading

[Bonus Webinar] Michigan OSHA Enforcement and Regulatory Update

On Wednesday, November 30, 2022, at 1 p.m. EST, join us for a special bonus webinar in Conn Maciel Carey’s 2022 OSHA Webinar Series regarding a Michigan OSHA Enforcement and Regulatory Update.

Presented by
Anthony M. Casaletta and Eric J. Conn

We are pleased to announce that CMC’s newest addition, Tony Casaletta, a former Michigan OSHA (MIOSHA) Official who has just joined the firm as Of Counsel, will be leading our very first MIOSHA update. Prior to joining the firm, Tony spent 18 years with MIOSHA in various roles, working his way up to Health Supervisor for the MIOSHA Construction Safety and Health Division.  Through his tenure at MIOSHA, Tony specialized in industrial hygiene enforcement in both general industry and construction, managed the MIOSHA Asbestos Program, and oversaw the enforcement activities of MIOSHA’s Construction field industrial hygienists throughout the state of Michigan. In addition, Tony worked as an adjunct professor at Wayne State University where he taught in the University’s Industrial Hygiene graduate program.

Tony will be joined by the firm’s OSHA Chair, Eric J. Conn, also a proud member of the Michigan Bar. The two OSHA-specialist attorneys will provide an overview of MIOSHA’s enforcement program, the latest data and trends in MIOSHA enforcement, and other MIOSHA issues for employers to monitor.

During this webinar, participants will learn about: Continue reading

Conn Maciel Carey Adds the Former Top Workplace Safety and Employment Attorney for North Carolina

Conn Maciel Carey LLP, a Washington, D.C.-based boutique law firm with a national focus on OSHA/MSHA • Workplace Safety and Labor • Employment, is pleased to announce that Victoria Voight is now with the firm as an Of Counsel attorney in both the firm’s OSHA and Employment law practices.

Over four decades, Ms. Voight served the State of North Carolina in the Attorney General’s Office, ultimately as the Head of the Labor Section for eighteen years. In that role, Ms. Voight supervised all legal services provided to the North Carolina Department of Labor, principally in the areas of occupational safety and health (for North Carolina OSHA), wage and hour, retaliation, and employment discrimination. With that background, Ms. Voight brings to private practice a unique perspective, unparalleled experience, and key relationships with officials in North Carolina state government.

Ms. Voight is based in Raleigh, North Carolina, where she now provides the full range of workplace safety and health regulatory and employment law services for employers in North Carolina and around the country. She advises clients in relation to inspections, investigations and enforcement actions involving the Occupational Safety and Health Administration (OSHA) and State OSH Plans, particularly NCOSHA. She also counsels employers in all aspects of the employer-employee relationship, including wage and hour disputes and claims of employment discrimination and retaliation.

“From the other side of the table, I was always impressed with the attorneys at Conn Maciel Carey when they were advocating for employers in disputes with NCOSHA. They brought credibility, creativity, and a safety-focused approach to every case we had opposite each other, and that was so refreshing and effective for their clients.” said Ms. Voight. She added, Continue reading

[CMC Spotlight Series] Meet Trevor Thompson!

In honor of National Paralegal Day this week, we are proud to feature one of our stellar paralegals for today’s CMC Spotlight Series — Trevor Thompson!  Trevor is a Cal/OSHA Paralegal in Conn Maciel Carey’s San Francisco office.  He has more than a decade of experience in the legal field and supports the attorneys in the OSHA • Workplace Safety Group as well as the Labor • Employment, and Litigation groups.

Trevor is particularly skilled in the organization and analysis of legal documentation. Prior to joining the firm, he was a Legal Document Specialist providing legal, trial and administrative support for several national law firms.

Get to Know Trevor!

Continue reading

Preventing and Responding to Workplace Violence [Webinar Recording]

On Tuesday, October 11, 2022, Kara M. MacielLindsay A. DiSalvo, and special guest Terri D. Patterson, Ph.D., a Principal at Control Risks and threat management expert with over two decades of experience, presented a webinar on Preventing and Responding to Workplace Violence.

In 2020, physical assault was identified as the 4th leading cause of workplace deaths. Nearly 2 million American workers experience violent acts at work annually. As the COVID-19 pandemic appears to be entering the endemic phase and workers begin to transition back into the workplace, experts predict even more of an increase in workplace violence. Thus, employers will want to be prepared to prevent these types of incidents and protect their employees to the extent possible, as well as ensure they are doing all that’s required from a regulatory standpoint.

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) well before the pandemic and remains so now. 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. For its part, the EEOC has also prioritized ways to effectively prevent and address workplace violence, particularly in the form of workplace harassment. And outside of OSHA and the EEOC, employers can also be held liable for workplace violence through other claims such as negligent hiring and supervision.

In this webinar, attendees learned: Continue reading

[Webinar] Preventing and Responding to Workplace Violence

On Tuesday, October 11, 2022 at 1 p.m. EST, Kara M. Maciel, Lindsay A. DiSalvo, and special guest Terri D. Patterson, Ph.D., a Principal at Control Risks and threat management expert with over two decades of experience, will present a webinar on Preventing and Responding to Workplace Violence.

In 2020, physical assault was identified as the 4th leading cause of workplace deaths. Nearly 2 million American workers experience violent acts at work annually. As the COVID-19 pandemic appears to be entering the endemic phase and workers begin to transition back into the workplace, experts predict even more of an increase in workplace violence. Thus, employers will want to be prepared to prevent these types of incidents and protect their employees to the extent possible, as well as ensure they are doing all that’s required from a regulatory standpoint.

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) well before the pandemic and remains so now. While OSHA has no specific standard for workplace violence, the OSH Act’s General Duty Clause requires employers to Continue reading

Conn Maciel Carey LLP Expands Midwest Workplace Safety Practice With Addition of OSHA Defense Attorney Anthony Casaletta – a Former Michigan OSHA Official

Detroit, MI (September 29, 2022) – Conn Maciel Carey LLP, a Washington, D.C.-based boutique law firm with a national focus on OSHA/MSHA • Workplace Safety and Labor & Employment, is pleased to announce that Anthony Casaletta has become an Of Counsel attorney with the firm.

Mr. Casaletta, an OSHA defense attorney, is based in the Detroit area in Michigan, where he counsels and defends employers in a wide range of workplace health and safety matters conducted by Federal OSHA and State OSH Plans, including particularly, the Michigan Occupational Safety and Health Administration (“MIOSHA”). He also supports employers in all aspects of OSHA and MIOSHA enforcement, from managing on-site inspections and investigations, to litigating contested citations through ALJ hearings and appeals, and counseling on compliance with OSHA rules and standards.

“I am thrilled to have this opportunity to join Conn Maciel Carey’s deep bench of talented attorneys,” said Mr. Casaletta. “I was drawn to the firm by their stellar reputation as go-to legal advisors for OSHA workplace safety matters. I look forward to collaborating with the team on industrial hygiene, safety, and all manner of OSHA regulatory matters.”

Prior to entering private practice as an OSHA defense attorney, Mr. Casaletta spent 18 years with Michigan OSHA (“MIOSHA”) in various roles, Continue reading

OSHA’s Recordkeeping, Reporting, and E-Recordkeeping Rules [Webinar Recording]

On September 13, 2022, Lindsay A. DiSalvo and Ashley D. Mitchell presented a webinar regarding Important Nuances of OSHA’s Recordkeeping, Reporting, and E-Recordkeeping Rules.

Although OSHA’s injury and illness recordkeeping and reporting rules may seem clear on their face, there are many nuances in the applicable standards that can create challenges to accurately making and maintaining those required records and reports. And the accuracy of injury and illness records could be becoming even more essential in light of the changes OSHA has proposed to the current e-recordkeeping rule, which would increase the availability and use of injury and illness data.

Already, e-recordkeeping data is collected by OSHA and used in developing and executing its Site-Specific Targeting (“SST”) Program based on an employer’s 300A Summary. Per the changes proposed in the current rulemaking effort, OSHA intends to expand who is required to submit recordkeeping data, what data is collected, and what data is shared with the public. This would result in more employers’ injury and illness data being under the microscope and incorporated into OSHA’s enforcement efforts. Indeed, as COVID-19 recordkeeping continues to drive up DART rates for a number of employers due to the need for COVID-19 positive employees to isolate, more may be pulled in OSHA’s SST Program. Thus, it is important for employers to understand the changes possibly to come in e-recordkeeping, as well as what those changes could mean in the context of evaluating and recording/reporting injuries and illnesses.

Participants in this webinar learned about: Continue reading

[Webinar] OSHA’s Recordkeeping, Reporting, and E-Recordkeeping Rules

On Tuesday, September 13, 2022 at 1 p.m. EST, join Lindsay A. DiSalvo and Ashley D. Mitchell for a webinar regarding Important Nuances of OSHA’s Recordkeeping, Reporting, and E-Recordkeeping Rules.

Although OSHA’s injury and illness recordkeeping and reporting rules may seem clear on their face, there are many nuances in the applicable standards that can create challenges to accurately making and maintaining those required records and reports. And the accuracy of injury and illness records could be becoming even more essential in light of the changes OSHA has proposed to the current e-recordkeeping rule, which would increase the availability and use of injury and illness data.

Already, e-recordkeeping data is collected by OSHA and used in developing and executing its Site-Specific Targeting (“SST”) Program based on an employer’s 300A Summary. Per the changes proposed in the current rulemaking effort, OSHA intends to expand who is required to submit recordkeeping data, what data is collected, and what data is shared with the public. This would result in more employers’ injury and illness data being under the microscope and incorporated into OSHA’s enforcement efforts. Indeed, as COVID-19 recordkeeping continues to drive up DART rates for a number of employers due to the need for COVID-19 positive employees to isolate, more may be pulled in OSHA’s SST Program. Thus, it is important for employers to understand the changes possibly to come in e-recordkeeping, as well as what those changes could mean in the context of evaluating and recording/reporting injuries and illnesses.

Participants in this webinar will learn about: Continue reading

What Employers Need to Know About the Monkeypox Virus [Webinar Recording]

On September 6, 2022, Kara M. MacielEric J. Conn and Ashley D. Mitchell presented a webinar regarding What Employers Need to Know About the Monkeypox Virus.

On July 23rd, the World Health Organization declared Monkeypox a Public Health Emergency of International Concern. By late July, the U.S. surpassed 10,000 total cases, and the Biden Administration declared it a public health emergency. While the Monkeypox Virus is less transmissible than COVID-19 and rarely fatal in its current form, there are still workplace safety and health considerations employers will have to address.

Participants in this webinar learned: Continue reading

[Webinar] What Employers Need to Know About the Monkeypox Virus

On Tuesday, September 6, 2022 at 1 p.m. EST, join Kara M. MacielEric J. Conn and Ashley D. Mitchell for a webinar regarding What Employers Need to Know About the Monkeypox Virus.

On July 23rd, the World Health Organization declared Monkeypox a Public Health Emergency of International Concern. By late July, the U.S. surpassed 10,000 total cases, and the Biden Administration declared it a public health emergency. While the Monkeypox Virus is less transmissible than COVID-19 and rarely fatal in its current form, there are still workplace safety and health considerations employers will have to address.

Participants in this webinar will learn: Continue reading

CDC Updates Its COVID-19 Guidance – But Still No Word From OSHA

By Conn Maciel Carey’s COVID-19 Task Force

Thankfully, it has been quite a while since there has been a material update to discuss on the COVID-19 front.  Except for those of you in the healthcare space, things continue to be pretty quiet at OSHA on that front, but as I am sure you all have seen, a week ago, on August 11th, the CDC updated some of its COVID-19 guidance in a way that probably affects many employers’ COVID-19 protocols. 

The CDC’s new guidance, entitled Summary of Guidance for Minimizing the Impact of COVID-19 on Individual Persons, Communities, and Health Care Systems, scales back prior onerous recommendations for COVID-19 prevention strategies based on an acknowledgement in the guidance document that:

“with so many tools available to use for reducing COVID-19 severity, there is significantly less risk of severe illness, hospitalization and death compared to earlier in the pandemic.”

However, how the new guidance maps to workplaces is not a simple analysis.  As has been the case throughout the pandemic, trying to apply CDC’s guidance to general industry workplaces, when it is actually written for the general public or for specific sectors (most often public health agencies and healthcare) is not always intuitive, and often leads to conflicting and impossible outcomes.  Of course, that’s where OSHA is supposed to come in; i.e., to take CDC’s general guidance and explain for employers how it should apply in private industry workplaces.  But OSHA has not kept up with its duty in that regard.  Indeed, despite promises for more than five months that updated COVID-19 guidance was coming “soon,” OSHA has not chimed in about how it expects employers to map CDC’s general public guidance to the workplace since before the Delta variant struck.  So with that vacuum, here is our best take on the CDC’s updated guidance.

What Does CDC’s Updated COVID-19 Guidance Change?  Continue reading

A Deep Dive Into Periodic Lockout/Tagout Inspections [Webinar Recording]

On August 17, 2022, Aaron R. Gelb and special guest, Tabitha Thompson, presented a webinar regarding A Deep Dive Into Periodic Lockout/Tagout Inspections.

Year in and year out, OSHA’s Lockout/Tagout (Energy Control) standard is one of the most frequently cited standards. With the National Emphasis Program on Amputations continuing in 2022, employers are subject to inspections focusing on their LOTO programs and practices even if there are no serious injuries or complaints made about them. With increased scrutiny comes a greater risk of citations—particularly repeat violations—which can lead to employers being placed in OSHA’s Severe Violator Enforcement Program. Despite being such an important standard, OSHA’s LOTO rule continues to be one of the least understood. This webinar took a deep dive into arguably one of the most confusing (not to mention, one of the most frequently cited) aspects of the LOTO rule – periodic inspections.

Participants in this webinar learned about: Continue reading

[Webinar] A Deep Dive Into Periodic Lockout/Tagout Inspections

On Wednesday, August 17, 2022 at 1 p.m. EST, join Aaron R. Gelb and Beeta B. Lashkari for a webinar regarding A Deep Dive Into Periodic Lockout/Tagout Inspections.

Year in and year out, OSHA’s Lockout/Tagout (Energy Control) standard is one of the most frequently cited standards. With the National Emphasis Program on Amputations continuing in 2022, employers are subject to inspections focusing on their LOTO programs and practices even if there are no serious injuries or complaints made about them. With increased scrutiny comes a greater risk of citations—particularly repeat violations—which can lead to employers being placed in OSHA’s Severe Violator Enforcement Program. Despite being such an important standard, OSHA’s LOTO rule continues to be one of the least understood. This webinar will take a deep dive into arguably one of the most confusing (not to mention, one of the most frequently cited) aspects of the LOTO rule – periodic inspections.

Participants in this webinar will learn about: Continue reading

CMC Spotlight Series – Meet Ashley D. Mitchell!

As an Associate in Conn Maciel Carey LLP’s Chicago office, Ashley D. Mitchell supports both the OSHA and Labor and Employment practice groups. She represents and advises clients in employer-employee relationship issues, including wage and hour disputes, Title VII discrimination claims, compliance with the Americans with Disabilities Act (ADA), workplace policies and procedures, harassment training, and employee handbooks.

In support of the OSHA • Workplace Safety Practice Group, Ashley represents employers during federal OSHA and State OSH Plan inspections and investigations. She also guides clients in responding to workplace safety complaints and litigates contests of OSHA citations.

Ashley brings valuable experience in employee-side employment litigation. Prior to joining the firm, she interned at the Chicago Park District’s Law Department as a Student Attorney. While at the Domestic Violence & Immigration Clinic, she guided clients through the U-Visa application process.

In 2018, Ashley received her J.D. from the University of Illinois College of Law. She also has a B.A. in Government, cum laude, from Georgetown University.

In her spare time, she volunteers by tutoring students preparing for the bar exam.

Get to Know Ashley!

Where is your favorite vacation spot?  

My favorite vacation spot is Cancún. It was my first international vacation and since then, I’ve been several times with family and friends. While I’ve been several times, I’ve never repeated an experience. You can relax, shop, ride an ATV, or explore the culture. Whatever you’re looking for, it’s there—adventure, rest, learning something new.

It’s also a chance for me to practice my Spanish. I often say that I’m proficient in Spanish, not fluent because I learned in academia, so I speak more like an academic than a native speaker. Vacations to Cancún are a great opportunity for me to practice. Keeping up my Spanish language skills is incredibly important to me. My ability to speak Spanish afforded me the opportunity to represent Spanish speaking clients in my law school’s domestic violence and immigration clinic and has proven invaluable in my current practice counseling employers who may have Spanish-speaking employees.

What was your first job?  

My first job was at Continue reading

OSHA’s Heat Illness Rulemaking Update – Recent NACOSH Meetings

By Eric J. Conn and Beeta B. Lashkari

OSHA’s rulemaking for an outdoor and indoor heat illness prevention rule continues to chug along, so we wanted to provide a quick review of the latest developments.  Of particular note, two meetings of the National Advisory Committee on Occupational Safety & Health (NACOSH) focused on heat illness and the heat illness rulemaking were held on June 30th.  Conn Maciel Carey’s Employers Heat Illness Prevention Coalition participated in both. 

Here is a copy of the as-filed comments we submitted to OSHA in advance of these NACOSH meetings, reiterating our previously submitted comments, and requesting to speak at the June 30th NACOSH meeting (which request was granted).

The meetings were well attended by NACOSH committee members and OSHA staff, and included appearances from Andy Levinson (Acting Director, OSHA Directorate of Standards and Guidance), Lisa Long (Acting Deputy Director, OSHA Directorate of Standards and Guidance), Carla Marcellus (Office of Maritime and Agriculture), and Jennifer Levin (Committee Counsel, Office of the Solicitor).  Kate McMahon and Beeta Lashkari attended on behalf of our Coalition.  The first meeting was for public listening only, and Kate was one of only two public stakeholders who spoke at the second meeting, and the only employers’ representative to do so.

Here are the key takeaways from the two meetings, as well as a summary of the public statements we made to the NACOSH committee:  Continue reading

OSHA and Climate Change (Heat Illness, Wildfire Smoke, and Super Storms) [Webinar Recording]

On Tuesday, July 12, 2022, Kate McMahon, Ashley Mitchell, and Samuel Rose presented a webinar regarding OSHA and Climate Change (Heat Illness, Wildfire Smoke, and Super Storms).

Recent studies show that workers are often the first to experience the effects of climate change and may be affected for longer durations and at greater intensities. NIOSH cites a 2014 study indicating that workers are “the canaries in the coal mine of climate change impacts.” Accordingly, OSHA has embarked on one of the broadest, most significant rulemakings it has undertaken in over a decade – to develop a comprehensive occupational standard to regulate heat illness associated with exposure to heat on the job – in outdoors as well as indoor settings.

A heat standard will impact Continue reading