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In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) recap workplace safety and health developments from 2023, including the announced expansion of the instance-by-instance citation policy and whether it led to increased grouping of violations of the same standard into one citation. Frank and John also look ahead to 2024 and discuss the likelihood of new standards for heat injury and illness, infectious disease protections, workplace violence, and the future of the walkaround rule.

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In this installment of Multistate Monday, Dee Anna Hays, who is chair of the Multistate Advice and Counseling Practice Group, and Susan Gorey (of counsel, Indianapolis) are joined by Rebecca Bennett and Ben Perry to discuss multijurisdictional data privacy issues. Ben and Rebecca, both of whom are members of Ogletree’s Cybersecurity and Privacy Practice Group, discuss comprehensive data privacy laws, such as the GDPR and the CCPA/CPRA, and a number of areas that are related, including biometric privacy laws, employee monitoring, artificial intelligence, and surveillance. Our speakers discuss the surge in data breach lawsuits, common causes of action, data subject rights, and statutory private rights of action.

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In this podcast, Kevin Bland and Karen Tynan discuss skylight fall cases they have handled over the years and the unique issues these cases present for employers. From fall protection standards and due diligence requirements to BOI investigations and potential criminal penalties, this conversation covers a number of considerations for employers to keep in mind regarding skylight incidents. Kevin, a shareholder in Ogletree’s Orange County office, and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also discuss the impact these events have on coworkers, post-incident tips, and preventive measures.

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In this episode of our Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the October 31, 2023, memorandum of understanding entered into by the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB). Frank and John discuss the impact of the agencies’ agreement to share information and to potentially conduct coordinated investigations and inspections. They also offer practical tips to help prepare employers for this new framework, including how effective and timely communication with employees may foster positive employee relations and lessen the chance of complaints that can lead to government investigations.

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In this episode of the Safety Perspectives From Region 6 podcast, John Surma (shareholder, Houston) and Frank Davis (shareholder, Dallas) discuss the increasing number of ineffective training citations that the Occupational Safety and Health Administration (OSHA) has been issuing. John and Frank provide practical pointers on how to make training more effective, including tailoring training to different learning styles. The speakers cite videos, lectures, demonstrations, and hands-on exercises as teaching methods that can lead to successful training and a safe workplace.

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In this episode of the Safety Perspectives From Region 6 podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) recount real-world workplace safety and health scenarios and lessons learned from those experiences. John and Frank, both members of the firm’s Workplace Safety and Health Practice Group, review accidents involving manufacturing presses, a marijuana-related incident, and stacked pallets. Our speakers offer insights gained from these situations, including the importance of training, adherence to procedures, and not cutting corners.

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In this podcast, Kevin Bland and Karen Tynan discuss U.S. Department of Labor (DOL) data and statistics on workplace safety issues and reflect on how statistics and trends can help employers across different industries make business decisions. Kevin, who is a shareholder in Ogletree’s Orange County office, and Karen, the West Coast chair of the firm’s Workplace Safety and Health Practice Group, also discuss how employers can use DOL information on everything from inspection records and accident abstract records to records of no violation and strategic code records to make more informed decisions for their safety programs.

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In this installment of Multistate Monday, Dee Anna Hays, who is chair of the Multistate Advice and Counseling Practice Group, and Susan Gorey (of counsel, Indianapolis) are joined by RIF/ WARN Practice Group Co-Chair Trina R. Ricketts to discuss separation agreements and the challenge of making them enforceable across multiple jurisdictions. Trina covers issues that employers preparing release/separation agreements may need to address, including statutory references,  employees’ time to consider, revocation periods, and group versus individual terminations, among other topics. The speakers address tips and strategies for multijurisdictional employers to keep in mind when drafting effective separation agreements and releases.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by Mike Rubin to discuss trials before the Occupational Safety and Health Review Commission (OSHRC). Phillip, who is a shareholder in our Tampa office, and Mike, who is a shareholder in our Phoenix and New York offices, review the steps involved when an employer contests a citation issued by the Occupational Safety and Health Administration (OSHA) and the elements of a trial before an OSHRC administrative law judge. Our speakers cover trial preparation, the importance of key documents, and burden of proof.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Mike Clarkson, co-chair of the firm’s Drug Testing Practice Group, to discuss the safety issues associated with drug testing and marijuana in the workplace. Phillip and Mike have a wide-ranging discussion of employer challenges given the multistate patchwork of marijuana laws, including recruitment and retention, the risk of discrimination or failure to accommodate, and determination of appropriate drug-testing policies. They also compare state laws in Massachusetts, Florida, and Arizona as an illustration of the differences among states and the resulting compliance challenges for multistate employers.