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.

In her spare time, Mikel enjoys running, and she practices Jhoon Rhee-style Tae Kwon Do. She and her husband have two daughters.

Get to Know Mikel!

Where is your favorite vacation spot?

Any place on a warm beach! For short breaks, I love Cape May, New Jersey. For longer vacations, OBX. If money is no object, Hawaii.

What was your first job?

A sales clerk at Patterson Silks Fabrics when I was 16. This was Continue reading →

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

June 3, 2022Theresa Jordan Leave a comment

On Wednesday, June 8, 2022 at 1 p.m. ET, join Lindsay A. DiSalvo, Micah Smith and Dan Deacon for 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 will learn about: Continue reading →

Chambers USA Recognizes Conn Maciel Carey as 1 of Only 3 “Band 1” Ranked Law Firms for OSHA Law

June 2, 2022June 7, 2022Theresa Jordan 1 Comment

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. CMC is the only “boutique” firm among all of 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. This is the first year that Chambers has ranked the OSHA Law practice area.

Chambers’ researchers identified CMC as a “leading national boutique handling the full spectrum of labor and employment litigation with particular emphasis on workplace safety issues. The group…maintains a strong track record in complex OSHA inspections and enforcement matters.”

Among the client comments collected by Chambers about the firm, one stated that CMC’s OSHA Team “offers impressive expertise in federal- and state-level workplace safety laws, and has been especially active in recent months guiding clients through COVID-19 compliance…The firm is the real deal; it is a top OSHA firm.”

Continue reading →

[Panel Webinar] A Chat with EEOC Commissioner Keith Sonderling: Artificial Intelligence in the Workforce in 2022 and Beyond

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

Join Kara Maciel and Jordan Schwartz on Tuesday, June 7th at 2 PM ET for a very special bonus event in Conn Maciel Carey’s 2022 Labor and Employment Webinar Series in the form of a panel webinar program regarding The Impact of Artificial Intelligence on the Workforce in 2022 and Beyond.

Presented by
Conn Maciel Carey LLP with Special Guest
EEOC Commissioner Keith Sonderling

On May 12, 2022, the EEOC issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.

It’s no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have Continue reading →

Cal/OSHA Updates FAQS Following Third Readoption of COVID-19 Emergency Temporary Standard

May 13, 2022May 13, 2022Theresa Jordan Leave a comment

By Megan S. Shaked

Now that Cal/OSHA’s Third Readoption of the COVID-19 Emergency Temporary Standard is in effect, the agency has updated its Frequently Asked Questions to reflect those revisions effective May 6, 2022. (See our previous blog articles regarding the revisions in the Third Readoption and the Board vote to approve the readoption.)

Many of the updated FAQs simply reflect the revised ETS language itself, for example, removing references to vaccination status as the ETS requirements are no longer dependent on such status. The FAQs have also been updated to reflect the current terminology used in the Third Readoption, for example, using “infections period” instead of “high risk exposure period.”

However, some of the updated Frequently Asked Questions provide added clarity regarding the current requirements: Continue reading →

Coalition to Work on OSHA’s Rulemaking to Expand the E-Recordkeeping Rule

April 27, 2022Theresa Jordan Leave a comment

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 (i.e., the E-Recordkeeping Rule). Read our full article here for more information about the history of E-Recordkeeping, the new proposed amendments to the E-Recordkeeping Rule, and the implications of the proposed changes.

As we have had to do too often the last couple of years, Conn Maciel Carey’s OSHA Team is organizing a flat fee-based rulemaking coalition of employers and trade groups to collaborate to work on submitting public comments on this new proposal and otherwise participate in the rulemaking process to advocate for the most manageable possible E-Recordkeeping Rule.

We held a kickoff call for the coalition earlier this week. If you were unable to attend, we are pleased to share links to the recording and a copy of the slides that we used. We expect to have a follow up virtual meeting in May to solicit detailed input from coalition participants and review our advocacy strategy.

There is still time to join our coalition if your organization would like to partner with us on this rulemaking. OSHA requested public comments to be submitted by May 31, 2022.

We expect to address, among other important concerns, that: Continue reading →

Cal/OSHA Standards Board Approves Third Re-adoption of COVID-19 Emergency Rule

April 27, 2022April 26, 2022Megan Shaked 2 Comments

As expected, on April 21st the Cal/OSHA Standards Board voted to adopt the proposed third re-adoption of the COVID-19 Emergency Temporary Standard. The Board voted 6-1, with management representative Kathleen Crawford casting the sole no vote. The new rule iteration is set to take effect on about May 2, 2022, once approved by the Office of Administrative Law, and will remain in effect until December 31, 2022. As mentioned in our prior blog post, the third re-adoption retains the core elements of the emergency rule but with various substantive changes.

DOSH Deputy Chief Eric Berg, in his briefing to the Board ahead of the vote, indicated that there will be FAQs issued to Continue reading →

OSHA Launches an Enforcement National Emphasis Program For Outdoor and Indoor Heat Illness Prevention

April 21, 2022April 24, 2022Beeta B. Lashkari 1 Comment

By Beeta Lashkari and Eric Conn

Last week, on April 12, 2022, OSHA announced that it has launched an enforcement National Emphasis Program (“NEP”) for Outdoor and Indoor Heat-Related Hazards. The Heat Illness NEP applies to both indoor and outdoor workplaces, including general industry, construction, maritime, and agriculture. The NEP is already in effect – as of April 8^th – even before OSHA made its April 12^th announcement, and will remain in effect for three years unless canceled or extended by a superseding directive.

Secretary of Labor Walsh, joined by Vice President Harris, announced this new enforcement program at a speech at the Sheet Metal Workers Local 19 Training Center in Philadelphia with these remarks:

“Tragically, the three-year average of workplace deaths caused by heat has doubled since the early 1990s. These extreme heat hazards aren’t limited to outdoor occupations, the seasons or geography. From farm workers in California to construction workers in Texas and warehouse workers in Pennsylvania, heat illness – exacerbated by our climate’s rising temperatures – presents a growing hazard for millions of workers…. This enforcement program is another step towards our goal of a federal heat standard. Through this work, we’re also empowering workers with knowledge of their rights, especially the right to speak up about their safety without fear of retaliation.”

Below is an analysis of the mechanics of OSHA’s Heat Illness NEP: Continue reading →

CMC Spotlight Series – Meet Aaron Gelb!

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

Aaron R. Gelb is a partner and head of Conn Maciel Carey LLP’s Chicago office where he leads the firm’s Midwest OSHA workplace safety practice. He has more than 25 years’ experience advising and representing clients in relation to inspections, investigations, and enforcement actions involving federal OSHA and state OSH programs and managing the full range of litigation against OSHA. In support of the firm’s Labor and Employment practice, Aaron defends employers in equal employment opportunity matters in federal and state courts, having tried multiple cases to verdict and obtained the dismissal of more than 300 discrimination charges before the EEOC and fair employment agencies nationwide.

Aaron is frequently asked to speak at conferences, seminars, and industry-specific forums, covering numerous workplace safety and employment topics for events and organizations nationwide including the American Bar Association, the Chemical Industry Council of Illinois, the American Trucking Associations, and the Chicagoland Safety Conference to name a few. Aaron currently leads the Illinois Manufacturers Association’s workplace safety and health education series which includes quarterly webinars and 4 programs during each week of June, which is safety month. Aaron also helps curate the firm’s annual webinar series – the OSHA Webinar Series and the Labor and Employment Webinar Series and is a frequent contributor to CMC’s blogs – the OSHA Defense Report and the Employer Defense Report.

In addition to his legal practice, Aaron works closely with CMC’s founding partners to help them realize their vision for the firm’s future, acts as a mentor to new partners and associates, actively recruits lateral partner and associate candidates, and helps craft the firm’s strategic marketing plan, including the firm’s social media efforts. Passionate about ensuring equal access to justice for all, Aaron is an active member of the Chicago Lawyers Committee for Civil Rights Under Law and is a frequent participant in the Northern District of Illinois’ Settlement Assistance Program in which he presents pro se litigants in court-led settlement conferences. At the height of the pandemic, Aaron served as a panelist during a program focused on compliance and legal concerns facing Black-owned small businesses struggling to survive in the face of COVID-19.

Get to Know Aaron! Continue reading →

Virginia OSHA Rescinds Its “Permanent” COVID-19 Rule and Introduces New Workplace Guidance

April 5, 2022April 9, 2022Eric J. Conn Leave a comment

By Conn Maciel Carey’s COVID-19 Task Force

Under the direction of then-Democratic Governor Ralph Northam, the Commonwealth of Virginia was the very first U.S. State to implement a broad, all-industry programmatic COVID-19 emergency temporary standard (“ETS”) way back in July 2020. Through all the fits and starts with federal OSHA’s COVID-19 rulemaking, VOSH’s COVID-19 regulation was a consistent presence through most of the pandemic. Indeed, that ETS was made “permanent” in January 2021, months before federal OSHA had even adopted its COVID-19 ETS for Healthcare.

However, on his first day in office – January 15, 2022 – new Virginia Governor Glenn Younkin signed an Executive Order directing the Virginia Safety and Health Codes Board (“Board”) to determine whether there was a continuing need for these regulations (with more than a little pressure from the Governor’s office to conclude it was not). Not surprisingly, under that political pressure, and in the wake of the Supreme Court’s harsh decision about federal OSHA’s authority to regulate COVID-19, by mid-February, the Board had adopted the position of the Virginia Department of Labor and Industry (“DOLI”) that “based on emerging scientific and medical evidence, [COVID-19] no longer constitute[s] a grave danger to employees in the workplace.”

That Board finding started a 30-day clock for public notice and comment about the Board’s intention to repeal the rule, and as expected, the Board voted on March 21^st to rescind the ETS (effective March 23^rd, 2022).

So where does that leave Virginia employers? Continue reading →

[Webinar] Religious and Disability Accommodations in Response to COVID-19 Mandates

April 5, 2022April 4, 2022Theresa Jordan Leave a comment

On Thursday, April 7, 2022 at 1 p.m. ET, join Andrew J. Sommer and Lindsay A. DiSalvo for a webinar regarding Religious and Disability Accommodations in Response to COVID-19 Mandates.

Employee requests for medical and/or religious accommodations in the workplace are not new. However, never before have these accommodation requests been such a hot-button topic, nor have these accommodation requests been used so frequently (and in particular, religious accommodation requests). The imposition of COVID-19 vaccine mandates has changed that, particularly with regard to religious accommodation requests, which has become the ultimate “gray area,” as both employers and employees alike have learned that sincerely held religious belief can include an employee’s religious-based objection to vaccinations. As a result, the Equal Employment Opportunity Commission (“EEOC”) has issued guidance regarding the obligations of employers under Title VII when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy, which actually builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. Thus, there are multiple issues that employers need to keep in mind and juggle when addressing these vaccination accommodation requests.

Participants in this webinar will learn how to best deal with such requests by their employees, including: Continue reading →

OSHA’s Rulemaking to Expand the Electronic Recordkeeping Rule

April 4, 2022April 9, 2022Eric J. Conn 3 Comments

By Eric J. Conn

Who else misses the time when OSHA would issue a new regulation only once every decade or so?!?! Alas, OSHA has been quite busy the last few months on the rulemaking front, and it doesn’t seem to be slowing down anytime soon. You’ve heard a lot from us about the various COVID-19 rulemaking efforts – two emergency standards and a new effort to make permanent the COVID-19 standard for healthcare. Now, OSHA has turned its attention to a more traditional OSHA subject – injury and illness recordkeeping.

Specifically, on March 30^th, OSHA published a new proposed rule to dramatically expand the requirements of its Improve Tracking of Workplace Injuries and Illnesses Rule; i.e., the Electronic Recordkeeping Rule.

Background on OSHA’s E-Recordkeeping Requirements

OSHA first issued regulations requiring that employers record occupational injuries and illnesses in 1971. Pursuant to 29 CFR 1904.7, employers must keep records of work-related injuries and illnesses that involve death, loss of consciousness, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or diagnosis of a significant injury or illness by a physician or other licensed health care professional. Additional requirements were added for Reporting of Fatality and Multiple Hospitalization Incidents, and later, in 2014, OSHA expanded the types of incidents that had to be reported to OSHA; i.e., a single in-patient hospitalization, amputations, and losses of an eye. (79 FR 56130)

In 2016 (amended in 2018), annual electronic injury recordkeeping data submissions to OSHA became mandatory both for establishments with 250 or more employees, and establishments with 20-249 employees in certain designated industries. The current version of the E-Recordkeeping Rule has undergone some changes and revisions, and indeed, as we have chronicled in the past, the E-Recordkeeping Rule has had a long and tortured history. Before promulgation of the E-Recordkeeping Rule, unless OSHA opened an enforcement inspection at an employer’s workplace or the Bureau of Labor Statistics requested an employer’s participation in its annual injury data survey, employer injury and illness recordkeeping data was maintained internally by employers. In a major policy shift, in 2016, President Obama’s OSHA enacted the E-Recordkeeping Rule, requiring hundreds of thousands of workplaces to proactively submit injury and illness data to OSHA through OSHA’s Injury Tracking Application (“ITA”). More specifically, the 2016 E-Recordkeeping Rule required: Continue reading →

BREAKING – OSHA Launches New COVID-19 Enforcement Blitz for Healthcare Employers

March 14, 2022April 9, 2022Eric J. Conn 3 Comments

By Conn Maciel Carey LLP’s COVID-19 Task Force

On Tuesday, March 8^th, OSHA announced a major COVID-19 enforcement blitz in the healthcare industry that will last for the next three months. OSHA issued an enforcement memorandum announcing the enforcement program, which OSHA is referring to as a major “saturation effort,” to ensure that hospitals and others in the healthcare industry have appropriate COVID-19 mitigation protocols in place to protect workers today and are prepared for a future variant. The program will be comprised of a short-term burst of highly-focused inspections directed at hospitals and skilled nursing care facilities that treat COVID-19 patients. Below is a summary of who is covered, when the enforcement effort will end, the impact on State OSH Plans, and what to expect during the inspections.

OSHA states that the goal of this inspection program is to expand its presence to ensure continued mitigation of the spread of COVID-19 and preparation for future variants of the SARS-CoV-2 virus, and to protect the health and safety of healthcare workers at heightened risk for contracting the virus. New Assistant Secretary of Labor for OSHA Doug Parker stated:

“We are using available tools while we finalize a healthcare standard…. We want to be ahead of any future events in healthcare.”

OSHA plans to conduct as many as 1,000-1,500 inspections in the next 90 days to determine whether hospital and other healthcare workers are being adequately protected from COVID-19 spread at work. The inspections will last 2-4 days and will focus on what had been the major elements of OSHA’s COVID-19 Emergency Temporary Standard for Healthcare. The OSHA resources designated for this enforcement blitz and the revised COVID-19 National Emphasis Program (NEP) will comprise at least 15% of OSHA’s enforcement activity for the year.

Who is Covered by the Enforcement Effort?

The initiative supplements OSHA’s targeted enforcement under the Revised COVID-19 NEP [DIR 2021-03 (CPL 03)], by conducting focused, partial follow-up and monitoring inspections of previously inspected or investigated hospitals and skilled nursing care facilities within four North American Industry Classification System (NAICS) codes listed in the enforcement memorandum, where COVID-19 citations or Hazard Alert Letters were issued, including remote-only inspections where COVID-19-related citations were issued. Specifically, facilities in the four NAICS codes listed below may be selected for inspections under the initiative if they meet one of the following criteria: Continue reading →

Conn Maciel Carey LLP Hires Mikel Smith Koon as Chief Operating Officer

March 8, 2022Theresa Jordan Leave a comment

Conn Maciel Carey LLP, a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, welcomes Mikel Smith Koon in the new position of Chief Operating Officer.

Ms. Koon brings over 20 years of experience in business management, working with both large corporations and small businesses. For 15 of those years, she ran her own consulting firm, using her expertise in project and people management to service her clients. As Conn Maciel Carey’s COO, she manages essential business processes, ensuring the efficiency of the firm’s business functions. More importantly, she fills a new role made necessary by the firm’s significant growth.

“Being a relatively young firm,” says Eric Conn, Chair of the firm’s OSHA Practice, “we’ve graduated from a startup to an established, national firm. We’ve tripled in size. So, we need someone with the talent, experience and savvy to manage the firm’s growingly complex operations.”

As part of the leadership team, she works directly with the Managing Partners to develop and implement the firm’s strategic plan to elevate CMC to the next level. Continue reading →

VOSH Begins the Process of Withdrawing its “Permanent” COVID-19 Rule

March 2, 2022April 9, 2022Eric J. Conn Leave a comment

By Conn Maciel Carey LLP’s COVID-19 Task Force

Last Wednesday (February 16^th), at the direction of Virginia’s new Governor, Virginia OSHA’s Safety and Health Codes Board voted to withdraw VOSH’s COVID-19 Regulation. The Board’s vote came after VOSH recommended that COVID-19 no longer constituted a “grave danger,” the legal showing required to justify an emergency rule. Procedurally, the board vote was just the first step. Next is a 30-day public comment period, followed by a public hearing, then a final Board vote. If the measure is in fact repealed after the final Board vote, then Virginia employers would no longer have to require employees who work indoors to wear a face covering,; social distance; provide employee training; improve or maintain ventilation systems; or inform the VA Department of Health about outbreaks.

Although this move comes in lock step with Friday’s CDC announcement that it is rescinding mask guidance, along with other states like California and New Jersey rescinding their mask mandate, on January 15^th Virginia’s newly elected Governor Glenn Youngkin issued an Executive Order instructing the Board to Continue reading →

CDC Relaxes Face Covering and Distancing Guidelines

March 1, 2022April 9, 2022Eric J. Conn Leave a comment

By Conn Maciel Carey LLP’s COVID-19 Task Force

As governors and big city mayors across the country have been allowing indoor masking mandates to expire over the last few weeks, last Friday, February 25^th, the CDC unveiled a brand new approach to assessing COVID-19 risks and setting mask and distancing recommendations. The CDC’s old tool, which measured the number of COVID-19 cases to determine the relevant level of virus transmission in each community had lost its usefulness as it rendered nearly the entire country as high-risk (95% of all counties), even as the number of people getting seriously ill had dropped precipitously this year.

CDC’s new guidelines measure the impact the pandemic by looking at three factors week over week:

New cases per capita (as with the prior guidelines; but also
New COVID-19 related hospital admissions; and
The percentage of area hospital beds occupied by COVID-19 patients.

Each county will have a weekly “COVID Community Level Rating” that is either Low (green), Medium (yellow) or High (orange). Each level/color has recommended mitigation strategies, set in the table below:

Here is a link to CDC’s tool to identify the level of COVID-19 transmission in your county.

The big news is that CDC recommends Continue reading →

Celebrating Black History Month

February 28, 2022Theresa Jordan Leave a comment

Black History Month is a time to recognize the contributions of Black Americans throughout U.S. history. As the month comes to a close, Conn Maciel Carey Partner, Aaron Gelb, reflects on African American mentors and peers who have impacted his life both personally and professionally.

I’ve been fortunate during my life and career to have been influenced and shaped by several African American mentors, friends, and colleagues. Starting at the beginning, my godfather, Sidney Bertrand, had a big influence on me as I remember spending time with him and his wife, Zelda, at their apartment on 125^th Street in Harlem as a young kid, having sleepovers, etc. Although Sidney succumbed to cancer at a relatively young age, his efforts in the face of adversity taught me a lot.

When I was in college at the University of Chicago, I worked as a teaching assistant to Continue reading →

OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement [Webinar Recording]

February 14, 2022Theresa Jordan Leave a comment

On Thursday, February 10, 2022, Eric J. Conn, Kate McMahon, Aaron Gelb and Amanda Strainis-Walker presented a webinar regarding OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement.

As US employers grapple with the latest surge of COVID-19 cases from the Omicron variant, they are also left to grapple with uncertainty following the Supreme Court’s decision to reinstitute a Stay of OSHA’s Vaccinate-or-Test ETS. Will we see another COVID-19 emergency rule that tries to navigate the guardrails set by the Supreme Court? Will OSHA return to aggressive enforcement under the OSH Act’s General Duty Clause? What is expected from employers on the COVID-19 front to avoid OSHA enforcement?

During this webinar, attorneys from CMC’s COVID-19 Task Force provided a detailed analysis of OSHA’s regulatory and enforcement landscape post-Supreme Court. Specifically, we addressed these important questions raised by the latest developments on the COVID-19 front: Continue reading →

Conn Maciel Carey LLP Promotes Lindsay DiSalvo to Partner in Washington, DC Practice

February 9, 2022Theresa Jordan Leave a comment

Conn Maciel Carey LLP, a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Lindsay DiSalvo has been promoted to Partner in the firm’s Washington, DC office.

Ms. DiSalvo defends employers in OSHA inspections, investigations, and litigation. She also represents and advises employers in all phases of the employer-employee relationship. Ms. DiSalvo was the firm’s very first Associate, joining the firm the day it was founded in 2014.

“She has been a backbone of the firm since we launched,” says Eric Conn, a co-founding partner and Chair of the firm’s national OSHA Practice. “I am excited to finally call her my Partner. She has grown into one of the finest OSHA lawyers in the country.”

“I have been working toward this my entire career,” Ms. DiSalvo says. “It is particularly exciting to be chosen by people I have been working with since the beginning. I feel like I helped build this firm, and now I am a Partner. I feel honored.”

Mr. Conn adds, “As a specialty boutique firm, what sets us apart is the mastery of the nuance of the practices for which we are known – workplace safety and employment law. Ms. DiSalvo Continue reading →

[WEBINAR] OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement

February 8, 2022Theresa Jordan Leave a comment

On Thursday, February 10, 2022 at 1 p.m. EST, join Eric J. Conn, Kate McMahon, Aaron Gelb and Amanda Strainis-Walker for a webinar regarding OSHA’s COVID-19 Emergency and Permanent Standards and Enforcement.

During this webinar, attorneys from CMC’s COVID-19 Task Force will provide a detailed analysis of OSHA’s regulatory and enforcement landscape post-Supreme Court. Specifically, we will address these important questions raised by the latest developments on the COVID-19 front: Continue reading →

OSHA COVID-19 Regulation and Enforcement Post-Supreme Court [Webinar Recording]

January 24, 2022Theresa Jordan Leave a comment

On Thursday, January 20, 2022 we hosted a special bonus event in Conn Maciel Carey’s 2022 OSHA Webinar Series in the form of a panel webinar program regarding OSHA COVID-19 Regulation and Enforcement After the Supreme Court Stayed the Vaccinate-or-Test ETS.

Presented by
Conn Maciel Carey LLP with Special Guests
Neal Katyal and Jordan Barab

In this exclusive, bonus program we facilitated a panel discussion regarding the Supreme Court’s recent decision to stay OSHA’s Vaccinate-or-Test emergency temporary standard, what that decision means for employers in fed OSHA and State OSH Plan states, and how OSHA will address the COVID-19 hazard in the workplace moving forward.

We would like to extend our gratitude to our remarkable cast of panelists for participating in this event:

Neal Katyal – former Acting Solicitor General of the United States and leading Constitutional Law expert; Partner at Hogan Lovells and Professor of Law at Georgetown University Law Center
Jordan Barab – President Obama’s Deputy Assistant Secretary of Labor for OSHA and Acting Head of OSHA; former Sr. Policy Advisor to the US House Education and Labor Committee
Moderated by Eric J. Conn, Chair, Conn Maciel Carey LLP’s national OSHA Practice Group

The Supreme Court has spoken, and OSHA’s Vaccination, Testing and Face Coverings Emergency Temporary Standard is once again subject to a nationwide judicial stay. The conservative majority on the Court reasoned that the 50-year old OSH Act does not include an explicit-enough delegation of authority from the US Congress for OSHA to issue a regulation that addresses an issue that is not unique to the workplace and which is of such great economic and social significance. Shortly after the Supreme Court issued its decision, Secretary of Labor Marty Walsh announced that “OSHA will do everything in its existing authority to hold businesses accountable for protecting workers, including under the COVID-19 National Emphasis Program and General Duty Clause.”

So, the big question facing employers now is what are the potential regulatory pitfalls from unwinding or stopping the implementation of any of their COVID-19 prevention and/or vaccination policies developed either in response to OSHA’s Vaccinate-or-Test ETS or more general efforts to keep up with CDC recommendations and/or protect against OSHA General Duty Clause citations? Or said another way, without the COVID-19 emergency standards, what does OSHA expect from employers on the COVID-19 front to avoid enforcement?

Our panel of experts reviewed: Continue reading →

[Panel Webinar] OSHA COVID-19 Regulation and Enforcement Post-Supreme Court

January 19, 2022Theresa Jordan Leave a comment

Block your calendars and make sure you join us on Thursday, January 20^th at 3 PM ET for a very special bonus event in Conn Maciel Carey’s 2022 OSHA Webinar Series in the form of a panel webinar program regarding OSHA COVID-19 Regulation and Enforcement After the Supreme Court Stayed the Vaccinate-or-Test ETS.

Presented by
Conn Maciel Carey LLP with Special Guests
Neal Katyal and Jordan Barab

In this exclusive, bonus program we will facilitate a panel discussion regarding the Supreme Court’s recent decision to stay OSHA’s Vaccinate-or-Test emergency temporary standard, what that decision means for employers in fed OSHA and State OSH Plan states, and how OSHA will address the COVID-19 hazard in the workplace moving forward.

We are especially excited to be hosting a remarkable cast of panelists for this event:

Neal Katyal – former Acting Solicitor General of the United States and leading Constitutional Law expert; Partner at Hogan Lovells and Professor of Law at Georgetown University Law Center
Jordan Barab – President Obama’s Deputy Assistant Secretary of Labor for OSHA and Acting Head of OSHA; former Sr. Policy Advisor to the US House Education and Labor Committee
Moderated by Eric J. Conn, Chair, Conn Maciel Carey LLP’s national OSHA Practice Group

OSHA’s 2021 Year in Review and 2022 Forecast [Webinar Recording]

January 14, 2022Theresa Jordan Leave a comment

On January 12, 2022, the Partners in Conn Maciel Carey’s national OSHA Practice Group on presented the kickoff event in Conn Maciel Carey’s 2022 OSHA Webinar series. This first program of the year, as is tradition, was OSHA’s 2021 Year in Review and 2022 Forecast.

As we kickoff Year 2 of the Biden Administration, it is time to look back and take stock of what we learned from and about OSHA during the very eventful year that just concluded. And more importantly, it is time to look ahead and assess what to expect from OSHA now that OSHA’s full senior leadership team is in place and ready to put its stamp on the agency.

In this webinar, the Partners in Conn Maciel Carey’s national OSHA Practice Group reviewed OSHA enforcement, rulemaking, and personnel developments from 2021. We also discussed the top OSHA issues employers should monitor and prepare for in the New Year.

Participants in this webinar learned about: Continue reading →

Chicago’s New Year Vaccine Requirements

January 5, 2022April 9, 2022Eric J. Conn Leave a comment

By Conn Maciel Carey LLP’s COVID-19 Task Force

As COVID-19 cases continue to rise throughout the state of Illinois, operators of indoor dining establishments, gyms, and entertainment venues where food and drinks are being served in the City of Chicago face a series of new requirements that necessitate quick action. Beginning January 3, 2022, Public Health Order 2021-2 will require all individuals over the age of 5, show proof of full vaccination to dine indoors, workout, and patronize entertainment venues. For purposes of the Public Health Order, fully vaccinated is the more restrictive of either the Centers for Disease Control and Prevention (CDC) guidance or Chicago Department of Public Health (CDPH) posted guidelines. For the time being, both the CDC and CDPH guidelines are aligned, defining fully vaccinated as two weeks after receiving the second dose in a two dose vaccination series and one week after receiving a single dose in a single dose vaccination series. It remains to be seen if, or when, the recommended-but-not-required boosters will be added to that definition.

Employers, of course, must quickly figure out how to implement measures to comply with this Order—both with respect to customers/guests as well as with employees given that the Order does not have a minimum employee threshold like the Fed OSHA ETS. This means that even small, independently owned restaurants and bars will be expected to comply even if they were not covered by the ETS which kicked in only at 100 employees.

Who is covered?

Public Health Order 2021-2 applies to the following venues: Continue reading →

Conn Maciel Carey’s 2022 OSHA Webinar Series

January 4, 2022January 5, 2022Theresa Jordan Leave a comment

ANNOUNCING CONN MACIEL CAREY’S
2022 OSHA WEBINAR SERIES

A full year into the Biden Administration, the senior leadership team at federal OSHA is set, the agency’s new regulatory agenda has been revealed, and the enforcement landscape has begun to take shape, revealing a dramatic shift in priorities, including stronger enforcement, higher budgets and more robust policies protecting workers, and a renewed focus on new rulemaking. Following an Administration that never installed an Assistant Secretary of Labor for OSHA, relied almost exclusively on the General Duty Clause to enforce COVID-19 safety measures, drastically curtailed rulemaking, and declined to issue an emergency COVID-19 standard, the pendulum swing at OSHA has already been more pronounced than during past transitions. Accordingly, it is more important now than ever before for employers to stay attuned to developments at OSHA.

Conn Maciel Carey LLP’s complimentary 2022 OSHA Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by the OSHA-focused attorneys in the firm’s national OSHA Practice Group, is designed to give employers insight into developments at OSHA during this period of unpredictability and significant change.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2022 series, click here to send us an email request so we can get you registered. If you missed any of our programs over the past seven years of our annual OSHA 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 OSHA-related topic, please do not hesitate to contact us.