Michigan OSHA Enforcement and Regulatory Update [Webinar Recording]

December 6, 2022Theresa Jordan Leave a comment

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 →

Cal/OSHA Advisory Committee Offers Updates on Enforcement, Rulemaking and More

December 1, 2022Megan Shaked Leave a comment

By Megan Shaked

The Cal/OSHA Advisory Committee holds meetings throughout the year to provide information regarding its programs and activities. At the most recent meeting, held on November 10, 2022, the public heard updates from DOSH, the Standards Board, and the Appeals Board.

Here are some highlights from the meeting. A full video and audio recording of the meeting is available here.

Cal/OSHA Chief Jeff Killip noted his goal to try to shift the Advisory Committee meetings to balance providing meaningful data with discussion for a collaborative approach to workplace safety and health. He also shared:

- Cal/OSHA is hiring to fill vacancies.
- Cal/OSHA’s heat/wildfire smoke campaigns included: 250 high heat targeted inspections this season; 299 consultations; 8 bi-weekly calls with Heat & Agriculture Coordination Program; an update to the Heat Special Emphasis Program to address Indoor Heat Hazards; an expansion of the DIR/DOSH Multimedia Heat Illness Prevention media campaign to include indoor heat; bilingual community engagement liaisons and bilingual trainers meeting with community based organizations, advocacy groups and others.
- California had 245 events around 2022 Safe & Sound Campaign in collaboration with Washington and Oregon (week of August 15-21)
- Cal/OSHA also participated in 2 agricultural worker events, a 4-day health symposium, and a 2-day conference for consultation.

Cal/OSHA Deputy Chief of Health and Research and Standards, Eric Berg, provided an update on the status of rulemaking: Continue reading →

[Bonus Webinar] Michigan OSHA Enforcement and Regulatory Update

November 29, 2022Theresa Jordan Leave a comment

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

November 2, 2022November 2, 2022Theresa Jordan Leave a comment

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 →

Biden Administration Signals that the Federal Contractor Vaccine Mandate May Go Into Effect, But Not Yet

October 25, 2022Eric J. Conn Leave a comment

By Conn Maciel Carey’s COVID-19 Task Force

On Friday, October 14^th, the Office of Management and Budget (OMB) and the Safer Federal Workforce Task Force (Task Force) issued some “clarifications” about the expected next steps for Executive Order 14042 – the federal contractor vaccine mandate – now that the longstanding nationwide injunction restricting enforcement of the E.O. has been narrowed by order of the Eleventh Circuit. That narrowing (to just the six States that were named parties to the legal challenge in Georgia v. Biden) took effect on October 18^th. OMB and the Task Force suggested that we would see at least three new guidance documents now that the injunction is narrowed, including:

1. OMB would give notice to federal agencies about compliance with applicable injunctions, and also whether, where and when the new clause implementing Executive Order 14042 should be included in new solicitations and contracts.
2. The Safer Federal Workforce Task Force would update its COVID-19 guidance for covered contractor workplaces, including a timeline for implementation. Last week’s clarification specified that this “updated guidance [by the Task Force] will be issued following development and review by the Task Force, subject to the OMB Director’s approval and determination published in the Federal Register that the updated guidance promotes economy and efficiency in Federal contracting, in accordance with Executive Order 14042.”
3. After the updated Task Force guidance issues, and if the OMB Director makes a determination that implementation of the E.O. in some form continues to promote economy and efficiency in federal contracting , then OMB would provide additional guidance to agencies on timing and considerations for provision of written notice from agencies to contractors regarding enforcement.

On October 19^th (the day after the 11^th Circuit’s narrowing of the nationwide injunction took effect), OMB did issue one of the notices we were expecting. Continue reading →

CMC Spotlight Series – Meet Trevor Thompson!

October 24, 2022May 4, 2023Theresa Jordan Leave a comment

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]

October 14, 2022Theresa Jordan Leave a comment

On Tuesday, October 11, 2022, 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, 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 →

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

September 29, 2022September 29, 2022Theresa Jordan 2 Comments

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 →

Process Safety Update: The Latest on EPA’s RMP and OSHA’s PSM Rulemakings

September 27, 2022September 27, 2022Beeta B. Lashkari Leave a comment

By Eric J. Conn, Micah Smith, and Beeta Lashkari

EPA RMP Public Hearing

This week, on September 26-28, 2022, EPA has been hosting virtual public hearings related to its Risk Management Program (RMP) rulemaking. Specifically, the hearings are addressing the RMP Safer Communities by Chemical Accident Prevention (SCCAP) proposed rule, which was signed by EPA Administrator Michael S. Regan on August 18, 2022, and proposes revisions to the RMP Rule to further protect vulnerable communities from chemical accidents, especially those living near facilities with high accident rates. Per the EPA, “The proposed rule would strengthen the existing program and includes new safeguards that have not been addressed in prior RMP rules.”

The virtual public hearings will provide the opportunity to present information, comments or views pertaining to the SCCAP proposed rule. In addition, EPA is accepting written comments during the public comment period, which closes on October 31, 2022.

For background, the RMP Rule has had a long and tortured rulemaking and litigation history. EPA amended the RMP Rule on January 13, 2017, in the final days of the Obama Administration, following President Obama’s Executive Order (EO) 13650, “Improving Chemical Facility Safety and Security,” which directed EPA and other federal agencies to modernize policies, regulations, and standards to enhance safety and security in chemical facilities. More details on the EO in the “OSHA PSM Stakeholder Meeting” section below.

EPA then received three petitions for reconsideration of the 2017 rule, and in December 2019, EPA issued a final rule reconsidering the changes made in January 2017. There are petitions for judicial review of both the 2017 amendments and the 2019 reconsideration rules. Specifically, the 2019 reconsideration rule challenges are being held in abeyance until October 3, 2022, by which time the parties must submit motions to govern, and the case against the 2017 amendments rule is in abeyance pending resolution of the 2019 reconsideration rule case.

So far as the SCCAP proposed rule is concerned, EPA issued a Continue reading →

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

September 20, 2022Theresa Jordan Leave a comment

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 →

U.S. Chemical Safety Board Issues Guidance to Clarify its Accidental Release Reporting Rule

September 19, 2022September 19, 2022Beeta B. Lashkari Leave a comment

By Beeta Lashkari, Eric J. Conn, and Micah Smith

Earlier this month, on September 1, 2022, the U.S. Chemical Safety Board (CSB) announced the release of a new guidance document about the agency’s still-relatively new Accidental Release Reporting Rule. The Accidental Release Reporting Rule, which went into effect in March 2020, requires owners and operators of stationary sources to report accidental releases that result in a fatality, a serious injury, or substantial property damage to the CSB within eight hours. Just a few months ago, the CSB published its first list of incidents that had been reported to the agency pursuant to the rule.

Of the new guidance document, CSB Interim Executive Steve Owens said:

“Our goal is to make sure that owners and operators report chemical releases to the CSB as required by law. While many companies already have been complying with the rule and submitting their required reports, this guidance should help resolve any uncertainties about the reporting requirement. If someone is unsure about what to do, they should report, rather than risk violating the rule.”

The new guidance has been a long time coming. Indeed, the agency Continue reading →

OSHA Updates Its Severe Violator Enforcement Program to Sweep In Exponentially More Employers

September 16, 2022October 1, 2022Eric J. Conn 3 Comments

By Eric J. Conn and Ashley D. Mitchell

On September 15, 2022, OSHA announced a significant set of updates to its dreaded Severe Violator Enforcement Program (“SVEP”), the first update to the program in over a decade. In a Press Release accompanying the update, Doug Parker, the Assistant Secretary of Labor for OSHA, explained:

The Severe Violator Enforcement Program empowers OSHA to sharpen its focus on employers who – even after receiving citations for exposing workers to hazardous conditions and serious dangers – fail to mitigate these hazards . . . . Today’s expanded criteria reflect the Biden-Harris administration’s commitment to ensuring OSHA has the tools it needs to ensure employers protect their workers or hold them accountable when they fail to provide safe and healthy workplaces.

Two of the three SVEP-qualifying criteria have not changed, and they are:

Fatality/Catastrophe Criterion – A fatality/catastrophe inspection where OSHA finds at least one willful or repeated violation or issues a failure-to-abate notice based on a serious violation directly related either to an employee death or three or more employee hospitalizations.
Egregious Criterion – All egregious enforcement actions (i.e., per-instance citations).

But historically, the principal way that employers “qualified” into SVEP was by enforcement actions that included 2+ willful or repeat violations related to a particular set of standards that represented “high emphasis hazards.” Indeed, that criteria has accounted for more than 70% of all SVEP-qualifying citations. Those “high emphasis hazards” essentially reflected the subjects of OSHA’s active enforcement National Emphasis Programs, including:

Fall Hazards in all industries
Amputation Hazards covered by Lockout/Tagout and Machine Guarding standards
Combustible Dust Hazards
Crystalline Silica Hazards
Lead Hazards
Grain Handling Hazards
Excavation/Trenching Hazards

The most important change in the updated SVEP is that Continue reading →

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

September 12, 2022Theresa Jordan Leave a comment

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.

Participants in this webinar will learn about: Continue reading →

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

September 1, 2022Theresa Jordan Leave a comment

On Tuesday, September 6, 2022 at 1 p.m. EST, join Kara M. Maciel, Eric 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 →

What Employers Need To Know About the Latest Public Health Crisis – The Monkeypox Virus

August 22, 2022August 22, 2022Eric J. Conn 1 Comment

By Eric J. Conn and Ashley D. Mitchell

After the last couple of years living with COVID-19, we were desperately hoping that we would not have to be talking, thinking or writing about the Monkeypox Virus (“MPV”) as a workplace safety and health issue. And while Monkeypox does NOT appear to be a COVID-19 redux, we have been getting enough questions from our clients that it now seems unavoidable that we have to dig into this. Alas, here is our first take on Monkeypox – what is it, what are the symptoms and modes of transmission, how is it similar to and different from COVID-19, and what should employers be thinking about and doing in connection with this latest plague.

The Monkeypox Virus (MPV):

Monkeypox is a zoonotic diseases, which means it is caused by a virus that is passed between animals & people. MPV was first detected in 1958 in a colony of research monkeys in Central and West Africa, and the first human case of Monkeypox was recorded in 1970. The virus that causes Monkeypox is in the same family as the virus that causes smallpox, and they involve similar, but less severe symptoms in the case of MPV.

The current Monkeypox outbreak is unique in that prior to 2022, Monkeypox cases were extremely rare in the U.S., and cases in individuals outside of Africa, where the virus commonly occurs, were almost always linked to international travel. In mid-May of this year, the first cases associated with the current outbreak were identified in the U.S., and it is clearly spreading now among non-travelers. On July 23^rd, the World Health Organization (WHO) declared Monkeypox a Public Health Emergency of International Concern (PHEIC). By late July, the U.S. surpassed 10,000 total cases. Continue reading →

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

August 19, 2022Theresa Jordan Leave a comment

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 →

Local Emphasis Program for Food Manufacturers in Wisconsin

August 18, 2022Aaron Gelb Leave a comment

By Aaron R. Gelb and Darius Rohani-Shukla

Earlier this year, in April, OSHA launched a Local Emphasis Program (LEP) in Wisconsin focused on food manufacturers. This LEP reflects the agency’s ongoing efforts to ramp up targeted enforcement efforts and follows Regional Emphasis Programs (REP) initiated in Region V last year focusing on exposure to noise hazards (June 2021) and transportation tank cleaning operations (August 2021), as well as the National Emphasis Program (NEP) on outdoor and indoor heat-related hazards which started in April 2022. General industry employers in Region 5 still have to contend with the 2018 Powered Industrial Truck (PIT) Local Emphasis Program as well. Meanwhile, we have been told to expect a similar LEP targeting Illinois food manufacturers, with the primary difference being the NAICS Codes on which that LEP will focus. While we have not yet seen the Illinois LEP targeting food processing establishments, we expect both programs will involve an inspection and review of production operations and working conditions; injury and illness records; safety and health programs; and hazardous energy control methods to identify and correct workplace hazards at all applicable inspection sites.

Why Is OSHA Targeting the Food Manufacturing Industry?

After examining data from the Bureau of Labor Statistics (BLS) for Wisconsin employers with a primary North American Industry Classification (NAICS) code in the 311xxx range, OSHA determined that food manufacturing industry injuries occurred at higher rates than found in other sectors. In OSHA’s view, the data demonstrates higher rates of total reportable cases; cases involving days away from work, job restriction or transfers, fractures, amputations, cuts, lacerations, punctures, heat burns, chemical burns, and corrosions. As such, OSHA’s stated goal in launching this LEP is to encourage employers to identify, reduce, and eliminate hazards associated with exposure to machine hazards during production activities and off-shift sanitation, service, and maintenance tasks.

Which Employers Will Be Targeted? Continue reading →

Regional Emphasis Program for Warehousing Operations

August 10, 2022August 9, 2022Aaron Gelb 1 Comment

On August 3, 2022, OSHA announced a new Regional Emphasis Program (“REP”) focused on warehousing and inside or outside storage and distribution yards in Pennsylvania, Delaware, Maryland, Virginia, West Virginia, and the District of Columbia, including those located at federal agencies, and federal installations in Region III’s jurisdiction. Covered employers in these states would be well-advised to dust off their copy of Conn Maciel Carey LLP’s OSHA Inspection Toolkit and take the necessary steps to ensure they are ready for the inspections that will begin before the end of the year.

Why Is OSHA Targeting Warehousing Operations?

In the REP and accompanying press release, OSHA explains it is seeking to reduce injury/illness rates in the warehousing industry by conducting comprehensive inspections to address hazards that may include those associated with powered industrial trucks, lockout tagout, life safety, means of egress, and fire suppression. OSHA further explains in the REP that while the rate of total recordable case rate for all private industry was 2.7 cases per 100 full-time workers, the rates for the industries included in this REP were 3.5 for beverage manufacturing; 4.8 for warehousing and storage; 4.0 for food and beverage stores; 4.3 for grocery wholesalers; and 5.5 for beer, wine, and alcoholic beverage wholesalers.

The REP calls out the potentially serious hazards involved in Continue reading →

The Employers E-Recordkeeping Coalition Submits Comprehensive Written Comments to OSHA’s E-Recordkeeping Rulemaking Docket

July 25, 2022Eric J. Conn Leave a comment

By Eric J. Conn, Chair of Conn Maciel Carey’s national OSHA Practice

On March 30^th, OSHA published a new proposed rule to amend and dramatically expand the requirements of its “Improve Tracking of Workplace Injuries and Illnesses Rule” (aka, the E-Recordkeeping Rule). We digested the tortured history of OSHA’s E-Recordkeeping Rule, the proposed amendments OSHA introduced this Spring, and the implications of the proposed changes in this article.

Conn Maciel Carey’s OSHA Team organized a flat fee-based E-Recordkeeping Rulemaking Coalition of employers and trade groups to collaborate to submit public comments on this proposal and otherwise participate in the rulemaking process to advocate for the most manageable possible E-Recordkeeping Rule. The first major step taken by our Employers E-Recordkeeping Coalition was to submit a comprehensive set of written comments to OSHA’s rulemaking record on June 30^th. Here is a copy of our as-filed comments.

To summarize, we addressed in the comments that: Continue reading →

OSHA’s Heat Illness Rulemaking Update – Recent NACOSH Meetings

July 14, 2022July 13, 2022Theresa Jordan Leave a comment

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 30^th. 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 30^th 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]

July 13, 2022Theresa Jordan 2 Comments

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 →

Conn Maciel Carey Adds Two Exceptional OSHA and Employment Law Associates in California and DC

July 7, 2022July 19, 2022Theresa Jordan Leave a comment

Conn Maciel Carey LLP is pleased to announce the addition of two talented new attorneys — Darius Rohani-Shukla (Washington, DC) and Samuel S. Rose (Los Angeles).

Associate Darius Rohani-Shukla has joined the firm’s Labor and Employment and OSHA practices in Washington, DC. Mr. Rohani-Shukla adds solid experience in litigation as well as labor and employment law, including restrictive covenants, wage and hour disputes, claims of discrimination and harassment, compliance with the Americans with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA).

“We are excited to have Darius advising companies on proactive measures to comply with the myriad of regulatory requirements under federal and state law,” Ms. Maciel says. “He is eager to advise clients on privacy rights for employers at the state and local levels.”

“I like that CMC is a growing firm focused on labor and employment.” he says, “I’m looking forward to getting involved in fascinating and sophisticated work.”

Mr. Conn adds, “I was impressed with Darius’ knowledge of employment law and his critical thinking. He is also a terrific writer, which is hard to find in young lawyers.”

Continue reading →

Cal/OSHA Reveals a Draft of Its Proposed “Permanent” COVID-19 Regulation

June 23, 2022June 23, 2022Megan Shaked Leave a comment

By Andrew J. Sommer

Cal/OSHA has used up all of its “re-adoptions” of its COVID-19 Emergency Temporary Standard, so if COVID-19 regulatory requirements are to remain in effect in California into 2023, the Cal/OSHA Standards Board will need to adopt a “Permanent” COVID-19 rule. At a meeting of the Cal/OSH Standards Board last week, the Division of Occupational Safety and Health (DOSH) revealed a proposed Permanent COVID-19 rule.

Andrew J. Sommer, the Head of CMC’s Cal/OSHA Practice, was interviewed by InsideOSHA about these developments. Here’s a link to the article with that detailed interview, and below is some additional context and background about the rulemaking.

The draft permanent rule is intended to replace the COVID-19 ETS that is set to expire at the end of 2022. Here is a link to the agency’s draft regulatory text for the permanent rule. The proposed permanent rule is expected to remain in effect for two years, except for the record-making and recordkeeping provisions that would remain effective for three years.

While DOSH previously indicated that the “permanent” rule would be consistent with the ETS, there are a few significant changes we have identified. Most troubling among them, the definition of “close contact” has been made consistent with California Department of Public Health (CDPH) guidance removing the 6-foot, 15-minutes standard. Instead, the draft defines close contact as:

Continue reading →

Evacuating the Workplace: Exit Routes and Exit Doors [Webinar Recording]

June 10, 2022Theresa Jordan Leave a comment

On Wednesday, June 8, 2022, Lindsay A. DiSalvo, Micah Smith and Dan Deacon presented a webinar regarding Evacuating the Workplace: Exit Routes and Exit Doors.

Evacuating the workplace during an emergency is critical. However, consistently maintaining compliant exit access, routes, and doors in a busy workplace is often challenging, especially in warehouses, manufacturing facilities, and retail settings. OSHA routinely cites egress violations as Serious because of the potential for injury or death. It is an easy violation for inspectors to identify during on-site inspections, which often leads to the issuance of costly Repeat or Willful citations.

Temporary or permanent storage of materials can create several compliance issues related to OSHA’s egress requirements, but there are several ways to maintain compliant exit routes and doors and ensure that they are always accessible. Identifying and maintaining egress routes and exits is an important element of a workplace’s emergency action plan. Employers should carefully develop emergency action plans and ensure employees understand not only how to evacuate the workplace during an emergency but how to maintain proper egress routes and exits throughout their work shifts, as it provides employees with a safer workplace and may even save lives.

Participants in this webinar learned about: Continue reading →

CMC Spotlight Series – Meet Mikel Koon!

June 6, 2022May 4, 2023Theresa Jordan Leave a comment

Mikel Smith Koon is Conn Maciel Carey LLP’s first Chief Operating Officer. She brings over 20 years of experience in business management, including 10 years in law firm management, focusing on operations and human resources.

As the COO, Ms. Koon manages CMC’s day-to-day operational efficiency by identifying key procedural issues. She crafts core processes to improve essential business functions that align with the firm’s objectives. She also oversees the administrative divisions of the firm—marketing, accounting, IT, and human resources. As part of the firm’s leadership team, she works directly with the Managing Partners, playing a pivotal role in developing and executing CMC’s strategic plan as the firm continues to expand.

Ms. Koon has an entrepreneurial spirit with special expertise in project and people management. Prior to joining the legal industry, she founded and ran a consulting firm, Mosaik Strategies, for 16 years. Here she was dedicated to coaching small business and nonprofit leaders to establish growth initiatives and build strategic relationships to achieve greater success.