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In this podcast, Frank Davis, John Surma, and David Walston, members of Ogletree’s Workplace Safety and Health Practice Group, discuss the Occupational Safety and Health Administration’s (OSHA) Site-Specific Targeting (SST) program whereby the agency randomly selects employers for “wall-to-wall, floor to ceiling” inspections without identifying an accident or hazard. The speakers review data indicating that OSHA inspections, citations, and penalties are on the rise, and offer insights into the reasons for the increase, particularly in Texas, Louisiana, Arkansas, Oklahoma, and Alabama.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by Tom Chibnall, to discuss the Occupational Safety and Health Administration’s (OSHA) recent activity on the regulatory front, namely the new guidance on the whistleblower complaint intake pilot program. Phillip and Tom (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the potential impact of the program, including the likelihood that it will alleviate the backlog of whistleblower complaints (such as Occupational Safety and Health (OSH) Act 11(c) complaints), screen out flawed allegations, and lead to shorter investigatory timetables. Phillip and Tom also review the elements of viable 11 (c) complaints: protected activity, an adverse employment action, and a “but for” causal connection between the two.

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In the final installment of this three-part podcast series, Frank Davis and John Surma wrap up their discussion of the criminal implications associated with some violations of the Occupational Safety and Health (OSH) Act, with a focus on the fatal shooting on the set of the movie “Rust.” Frank and John, members of Ogletree’s Workplace Safety and Health Practice Group, review how deviation from industry standards and from the “reasonable person” standard may result in an OSH Act violation and, possibly, criminal charges. They also highlight best practices for employers that become aware of workplace hazards and outline when and how the Occupational Safety and Health Administration’s Multiemployer Citation Policy may apply.

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Part two of Frank Davis and John Surma’s three-part podcast series continues the discussion on the workplace safety issues related to the criminal proceedings emerging from the tragic incident on the set of the movie, “Rust.” Frank and John, both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group, consider criminal charges that may be brought in other industries, such as construction, and the Occupational Safety and Health Administration (OSHA) investigations when workplace injuries are related to an emphasis program subject. Our speakers also consider how federal OSHA states and state-plan states differ on criminal prosecutions—whether it be a state attorney general or the federal department of justice.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by John Surma, to discuss OSHA’s January 26, 2023, press release announcing the agency’s new instance-by-instance citation policy along with two related enforcement memoranda regarding the factors for determining whether instance-by-instance citations should be issued and penalty adjustments. Phillip and John (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the implications of this move away from OSHA’s previous policy whereby the agency had the discretion to group similar citations or exposures—including significantly increased penalties multiplied by the number of instances cited. Our speakers also cover how often the agency will use this new practice and how these changes will affect the number of cases that will be contested due to the increased overall penalty exposure.

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In this podcast series, Frank Davis and John Surma, members of Ogletree’s Workplace Safety and Health Practice Group, discuss the circumstances under which criminal prosecution may result from a violation of the Occupational Health and Safety (OSH) Act by doing a deep dive into the fatal shooting on set of the movie, “Rust.” Frank and John review what is required for a finding of a “willful” violation of the OSH Act’s General Duty Clause. They also focus on activity in the Occupational Safety and Health Administration’s Region 6, and the investigation of the “Rust” shooting by the New Mexico Occupational Health & Safety Bureau.

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The Occupational Safety and Health Administration (OSHA) recently proposed a rule that would revive a policy allowing nonemployee representatives of labor unions and worker advocacy groups to take part in OSHA inspections. In this podcast, Frank Davis and Phillip Russell, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the current law and how the proposed rule, if adopted, may transform and expand OSHA inspections.

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In this podcast, Phillip Russell, a member of Ogletree’s Workplace Safety and Health Practice Group, continues the popular Dirty Steel-Toe Boots series with a look ahead at 2023 and what to expect from the Occupational Safety and Health Administration (OSHA). Phillip reviews the reasons OSHA may be more active in 2023 and offers tips on how employers can prepare. The discussion includes insights into regulatory acceleration, political urgency, and economic forces that may shape OSHA policy and practice.