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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.

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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.