Podcast: Play in new window | Download (Duration: 24:55 — 34.3MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s comprehensive proposed rule on fire brigades that would update a 40-year-old standard to cover everything from training and personal protective equipment (PPE) to physical fitness and medical requirements to vehicle operation and vehicle standards. Frank and John cover details of the 250-page rule—which stands to significantly transform the fire brigade standard into an emergency response standard focusing not only on firefighting but also on emergency medical services (EMS), tactical rescue, and equivalent services provided by employers in workplaces. Finally, they discuss how this rule would change the face of emergency response across the country.

Podcast: Play in new window | Download (Duration: 20:46 — 28.5MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group), sits down with Stacy Bunck (shareholder, Kansas City), and John Stretton (office managing shareholder, Stamford) to discuss three new federal Family and Medical Leave Act (FMLA) decisions. The speakers cover the FMLA’s notice requirements and deadlines, the definition of a serious health condition, and the nuances involved with returning an employee to an equivalent position following a leave of absence.

Podcast: Play in new window | Download (Duration: 18:24 — 25.3MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In the first episode of our new Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Lina Fernandez (Boston), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss a broad range of issues to consider when employers expand their businesses with remote workforces in new countries. Patty and Lina highlight the importance of balancing the desire to enter new markets with the hurdles that strict employment laws may present. Our speakers cover protections for pregnant workers and mothers returning to work after the birth of a child; challenges related to remote employment relationships; and the timing and notification requirements for conducting lawful layoffs.

Podcast: Play in new window | Download (Duration: 21:59 — 30.2MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, Kevin Bland and Karen Tynan discuss the latest news and guidance from California on COVID-19 protocols. 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, cover the state’s break from federal CDC guidelines; Cal/OSHA’s non-emergency COVID-19 standards; and the new CDPH order changing protocols on outbreaks, the definition of “close contacts,” the duration of the infectious period, contact tracing, and more. Karen and Kevin also cover the shift in the definition of an outbreak from three cases in fourteen days to three cases during a seven-day period.

Podcast: Play in new window | Download (Duration: 31:37 — 43.5MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) answer common questions about what must be recorded in OSHA 300 logs. Frank and John review the recording criteria set forth in 29 CFR 1904.7 and related agency guidance. They also cover how to determine what constitutes a significant injury or illness and days away from work, as well as rules that apply in the event of restricted work or a job transfer after an employee returns to work. They conclude with an explanation of whether a workplace qualifies as an “establishment” requiring its own injury logs under the Occupational Safety and Health Act.

Podcast: Play in new window | Download (Duration: 25:21 — 34.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this installment of Multistate Monday, the co-chairs of the Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa), Lucas Asper (shareholder, Greenville), and Susan Gorey (of counsel, Indianapolis) provide an overview of the most pressing issues that multistate employers will be tracking in 2024. Our speakers tackle hot topics for the year, including OSHA’s amended recordkeeping and reporting requirements, OSHA’s national emphasis program on heat illness prevention, the NLRB’s final rule on joint employment, the DOL’s rule on independent contractors, the Supreme Court’s upcoming Chevron deference opinion, and federal and state developments in the area of noncompetition laws. Finally, Dee Anna, Lucas and Susan discuss the trend to legalize recreational marijuana use and various kinds of state paid leave requirements.

Podcast: Play in new window | Download (Duration: 27:14 — 37.4MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Jim Plunkett (shareholder, Washington, D.C.), who is chair of Ogletree Deakins’ Governmental Affairs Practice Group and author of our weekly Beltway Buzz, to discuss the political, regulatory, and legal landscape in Washington, D.C., in 2024 and, in particular, what employers can expect from OSHA. Phillip and Jim cover the forthcoming Supreme Court decision addressing court deference to executive agencies; leadership changes at the DOL and OSHA; the federal budget and OSHA’s 2024 budget; the impending walkaround, heat, and workplace violence rules; and the impact the 2024 elections may have on all things related to OSHA.

Podcast: Play in new window | Download (Duration: 27:33 — 37.9MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group) sits down with Stacy Bunck (shareholder, Kansas City) and John Stretton (office managing shareholder, Stamford) to discuss three new reasonable accommodation decisions brought under the Americans with Disabilities Act (ADA). They cover aspects of the litigation regarding remote work and whether applicants are qualified for a position. Charles, Stacy, and John also cover the courts’ emphasis on the duties and essential functions of the job in considering whether a requested accommodation is reasonable.

Podcast: Play in new window | Download (Duration: 19:35 — 26.9MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) new rule that requires some employers to submit injury and illness data electronically. Frank (shareholder, Dallas) and John (shareholder, Houston) review which employers are covered under the rule’s employee-count and industry definitions and where to find helpful information on the OSHA website. They also break down applicable deadlines, including the traditional February 1 posting deadline for the paper OSHA Form 300A and the new March 2 electronic submission deadline. John and Frank also cover the need to protect employees’ personally identifiable information and employers’ confidential and proprietary business information.

Podcast: Play in new window | Download (Duration: 22:04 — 30.4MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In the first episode of the Safety Perspective From Region 6 podcast series in 2024, shareholders Frank Davis and John Surma offer practical tips for starting the new year off right, including reviewing records for accuracy and completeness, confirming that all trainings are up to date, and examining the workplace for hazards. Frank and John discuss OSHA Injury and Illness Recordkeeping Form 300, Form 300A, and Form 301, and they address the importance of checking that the logs match, are certified and signed, include proper coding, and are posted at the required time.