As we begin the second year of President Trump’s second term, priorities and polices are starting to crystalize at the Department of Labor’s Occupational Safety and Health Administration. David Keeling, former head of safety at UPS, has been confirmed as the Assistant Secretary of Labor for OSHA and is beginning to implement his vision for the agency, which includes a greater emphasis on data and analytics, hazard prevention, and proactive risk mitigation. Rather than using every tool in its toolbox to enforce regulations, as we saw during the Biden Administration, OSHA is now looking to meet employers where they are, creating a new pathway to VPP, highlighting the use of letters of interpretation, and expanding the types and amounts of penalty discounts available.

While OSHA’s budget remains in flux pending negotiation of a full spending bill, we know that it will either remain the same as it was last year or be reduced to levels during the first Trump Administration, meaning the agency will likely remain thinly staffed both in the field and in the National Office. What this means for rulemaking and enforcement remains to be seen, but it almost certainly guarantees that OSHA will have to do less with less. For example, rulemakings like for a heat illness prevention standard or a workplace violence rulemaking process that Mr. Keeling committed to during his confirmation hearing, are likely to move slowly or not at all. We will likely see a decline in the number of enforcement inspections OSHA conducts, but over the first year of this Trump Administration, we still saw OSHA issue a slew of significant citation packages with a number of employers in different industries receiving fines of more than 1 million dollars, along with strongly worded press releases.

Given the speed and scope of change expected at OSHA this year, it is more important now than ever before for employers to keep a close watch on developments at OSHA. Conn Maciel Carey LLP’s complimentary 2026 OSHA Webinar Series, which includes monthly programs (sometimes more often) put on by the OSHA-specialist 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. Continue reading →

On Wednesday, December 18, 2024, the attorneys in CMC’s national OSHA • Workplace Safety Group presented a webinar about What Employers Should Expect from OSHA Under a 2nd Trump Administration.

Following another close national election, President Trump returns to the White House for a second term, and resumes control over the vast Executive Branch bureaucracy, including the Department of Labor’s Occupational Safety and Health Administration. OSHA is coming off the heels of a remarkable period of record-setting enforcement and a flurry of new rulemaking under the Biden/Harris Administration. The pendulum will swing as control at OSHA transitions to the Trump/Vance Administration, but just how much, how quickly, and in what ways remain to be seen. We have some clues what that will look like based on historical trends, our experience with the Trump/Pence Administration, and signals from the 2024 campaign trail. But there are a couple things that muddy the picture for the future of OSHA – President Trump has proven to be unpredictable, we never saw a Senate-confirmed Head of OSHA during his first term, and his supporting cast is shaping up to be very different this go around.

In this special webinar event, attorneys from Conn Maciel Carey’s national OSHA Practice reviewed the enforcement and rulemaking landscape at OSHA during this period of transition, and peeked into the crystal ball to predict what employers can expect from OSHA over the next several years, including:

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On Wednesday, November 13, 2024, the attorneys in CMC’s national Labor and Employment and OSHA Workplace Safety Groups presented a webinar to discuss The Intersection Between Artificial Intelligence and Employment and OSHA Law.

The latest phenomenon in artificial intelligence (“AI”), generative AI such as ChatGPT, has changed the world as we know it. While some fear AI will replace workers and others praise its efficiency and productivity, there is no doubt that AI could be the largest technological advancement since the invention of the computer.

Now, companies are starting to wrestle with how to handle the use of AI in the workplace. In fact, it is possible that your company is already using AI in ways that you might not have considered or be aware of. For Human Resources, generative AI can produce strong benefits including helping to create job descriptions, draft model interview questions, or assist managers in preparing performance evaluations. But with every benefit, there comes risk and limitations, including discrimination, confidentiality, and reliability concerns.

Participants in this webinar learned: Continue reading →

On Tuesday, October 1, 2024, the attorneys in Conn Maciel Carey LLP’s Labor • Employment and OSHA/MSHA • Workplace Safety Groups presented a webinar about Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA.

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to over 50% in FY 2022. Similarly, the number of total whistleblower complaints filed with OSHA increased significantly in FY 2023, with the vast majority of those complaints – about 71% – filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts). The whistleblower complaints filed under Section 105 of the Mine Safety and Health Act have also been on the rise and MSHA is particularly aggressive in its approach to the investigation of these claims, often seeking temporary reinstatement of the complainant for the duration of the investigation, and litigation, if the complainant was terminated.

When a retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. However, each Agency handles the investigation and analysis of the evidence differently – using varying processes and burdens of proof to determine whether and how the retaliation complaint should proceed. The strategy and response provided by the employer will depend on the type of complaint and the agency investigating it, but it is generally an opportunity for the employer to provide the information necessary for the agency to conclude its investigation and ultimately close the case file. The responses can, however, create a written record of admissions that the agency could use against the employer.

Participants in this webinar learned about: Continue reading →

On Wednesday, April 24, 2024, Kara Maciel, Rachel Conn, and Dan Deacon presented a webinar discussing Tips and Strategies for Preventing and Responding to Workplace Violence Incidents.

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading causes of occupational injuries in the country every year. 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.

California has taken the lead in implementing the first workplace violence rule in the country for general industry, requiring nearly all California employers (unless they fall under one of the limited exemptions) to establish, implement, and maintain an “effective” written workplace violence prevention plan, investigate every incident workplace violence (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. This general industry rule follows the Cal/OSHA regulation on Workplace Violence Prevention in Health Care.

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.

Participants in this webinar learned: Continue reading →

On Thursday, December 7, 2023, Kate McMahon and Beeta Lashkari presented a webinar regarding What Employers Need to Know About OSHA and Combustible Dust.

Although the understanding of the hazards of combustible dust has developed over the last decade, it remains an elusive and complex subject to both regulators and employers. Combustible dust hazards can be present in a broad spectrum of industries, including the food (e.g., candy, sugar, spice, starch, flour, feed), grain, tobacco, plastics, wood, paper, pulp, rubber, pesticide, pharmaceutical, dyes, coal, and metals (e.g., aluminum, chromium, iron, magnesium, and zinc) industries.

OSHA does not have a specific standard for general industry regulating combustible dust (OSHA’s standard is limited to grain handling facilities); however, it does have a National Emphasis Program (NEP) on the hazard, which it uses regularly to inspect certain facilities and issue citations under the General Duty Clause. Additionally, as one of its Drivers of Critical Chemical Safety Change, combustible dust hazards are one of the U.S. Chemical Safety Board’s (CSB’s) top advocacy priorities, prompting the CSB to initiate investigations and, if it deems them appropriate, issue recommendations to employers (among others) and publicize reports detailing the cause of combustible dust incidents.

To mitigate the risk of potentially catastrophic incidents and avoid citations from OSHA and/or recommendations from the CSB, employers with dusts that may be combustible are well-advised to proactively address any associated hazards they may have in their facilities.

Participants in this webinar learned about: Continue reading →

On Thursday, October 5, 2023, Eric J. Conn and Nicholas W. Scala presented a webinar regarding Tips and Strategies for Safety-Related Incident Investigation and Audit Reports.

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

This webinar explored the benefits of conducting audits and investigations at the direction of counsel so as to improve safety and compliance while also protecting the company and management from adverse use by 3rd party litigants or regulators. We reviewed audit and investigation and report-writing strategies and best practices. We also reviewed OSHA’s policy on self-audits and the reality of OSHA’s use of voluntary self-audits during inspections. And we reviewed best practices to manage MSHA’s unlimited lookback period for enforcement.

Participants in this webinar learned: Continue reading →

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

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

Participants in this webinar learned: Continue reading →

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

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

Participants in this webinar learned: Continue reading →

On Thursday, May 18, 2023, Kate McMahon, Lindsay DiSalvo and Beeta Lashkari presented a webinar regarding The Latest on the Rulemaking Agenda for OSHA Under the Biden Administration.

As we move into the second half of President Biden’s first term, OSHA is turning up the heat on the rulemaking gears. The next two years may see the most active rulemaking period in the agency’s history – lead, heat, infectious disease, LOTO, PSM, E-Recordkeeping, HAZCOM, COVID-19 for Healthcare, and the list goes on.

This lively discussion covered Continue reading →

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

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

Participants in this webinar learned: Continue reading →