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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.

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In this episode of the Safety Perspectives From Region 6 podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) provide an overview of their recent three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Our speakers discuss the importance of scene preservation with regard to spoliation of evidence, accurate reporting of accidents that occur in the workplace, and best practices in the timeframe immediately following accidents. Frank and John, who are members of Ogletree’s Workplace Safety and Health Practice Group, address the option of offering counseling or other mental health assistance to workers who witness accidents, as well as discuss witness preparation and the risk of criminal liability.

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In the final episode of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss Senate Bill (SB) No. 553’s recordkeeping and training requirements. The speakers discuss the violent incident log that the new law requires employers to maintain, in addition to the requirement to provide a detailed description of any incident and a classification of who committed the violence. Robert and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also explain when employers are required to train employees, if employers must repeat the training, the languages in which trainings must be made available, and the topics that the trainings must cover.

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In part two of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss the nuances of the requirements imposed by Senate Bill (SB) No. 553. The speakers offer details on how employers can establish, implement, and maintain a workplace violence prevention plan. Robert and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also cover the required format of a compliant workplace plan, in addition to customization, distribution, recordkeeping, and employee-involvement requirements and how a workplace violence prevention plan can integrate with other company policies.

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In the fourth episode of this series of case studies based on real-world workplace safety accidents, investigations, and trials, Kevin Bland and Karen Tynan discuss trial preparation and strategy. Karen, the West Coast Chair of the firm’s Workplace Safety and Health Practice Group, reviews a trial in which a California employer challenged a citation for violating a bloodborne pathogens standard. Karen and Kevin offer helpful tips and tactics for witness selection and witness preparation, as well as discuss whether depositions should be taken and whether to seek costs.

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In part one of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss the new requirement for virtually every employer in California to implement a comprehensive workplace violence prevention plan. Karen and Robert provide an overview of Senate Bill (SB) No. 553, which Governor Gavin Newsom recently signed into law, in addition to the history of the legislation, covered employers, and the new law’s exceptions. The speakers also address how employers can comply with SB 553 by the July 1, 2024, effective date and key definitions, including a discussion of what constitutes an act of violence as opposed to a threat of violence under the law.

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In the third episode of our workplace accident case study podcast series, Shareholder Kevin Bland (Orange County) and Shareholder Karen Tynan (Sacramento) discuss a trial challenging a citation for an employee who experienced a heart attack while standing on a step-up bench. Karen and Kevin review the trial strategy that led to the citation being voided, with a focus on the importance of the language in the Division of Occupational Safety and Health’s (Cal/OSHA) Portable Ladder regulations. They also discuss settlement offers and abatement and touch on trends in other states, including Oregon and Washington.

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In the second episode of our workplace accident case study podcast series, shareholders Kevin Bland and Karen Tynan discuss a Cal/OSHA heat illness citation and the reasons an employer may choose to contest a citation at trial. Our speakers, both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group, also discuss the impact of a citation on prequalification for other work. Karen and Kevin also review trial issues such as witness preparation, securing training and other documentation, and the impact of employee turnover.

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In this episode of our Safety Perspectives From Region 6 podcast series, Frank Davis and John Surma discuss their recent case involving the operation of a crane by an operator allegedly part of a crane credentialing fraud scheme. John and Frank discuss the impact that the related issues may have on employers in industry sectors where cranes are used and the Occupational Safety and Health (OSH) Act compliance implications relative to confirming the certifications and qualifications of employees.

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In this first edition of our workplace accident case study podcast series, Karen Tynan and Kevin Bland provide lessons from actual incidents and resulting enforcement actions and lawsuits. Kevin and Karen, both of whom are California shareholders and members of Ogletree’s Workplace Safety and Health Practice Group, discuss a case in which the California Division of Occupational Safety and Health (Cal/OSHA) investigated a construction employer after a worker was injured in a nail gun accident.