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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.

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In this podcast, Karen Tynan and Kevin Bland, who are leaders in our California Workplace Safety and Health Practice Group, offer a wide-ranging and nuanced discussion of abatement—the act of addressing and curing a hazard identified in a citation. Karen and Kevin offer practical takeaways related to when the duty to abate arises, documentation, and trial considerations, with a focus on the California Division of Occupational Safety and Health’s (Cal/OSHA) approach to abatement. They also cover best practices that may help employers avoid missteps that could lead to significant penalties for failure to abate.

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In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) review the latest Cal/OSHA (or Division of Occupational Safety and Health) inspection tactics and provide practical pointers for employers that are subjected to an investigation. Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin discuss inspection triggers, the timing and scope of inspections, walk-throughs, and document requests. Our speakers also review employers’ rights during an inspection, including the right to not disrupt operations, and offer takeaways on real-world scenarios, such as an inspector’s requests for reenactments and demonstrations.

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This episode of our Safety Perspectives From Region 6 podcast is the final installment of a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma, both of whom are members of Ogletree’s Workplace Safety and Health Practice Group, wrap up the series with a discussion of the importance of having a crisis management or disaster preparedness plan in place. John and Frank review the elements of such plans, including initial response to the incident, the OSHA investigation, internal and external communications, and follow-up actions.

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This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). John Surma and Frank Davis explore issues related to attorney-client and work product privilege in the aftermath of a workplace accident, in addition to best practices on written reports and witness statements produced regarding worksite accidents. Our speakers also discuss advantageous ways to prepare root cause reports to avoid difficulties from the perspective of OSH Act compliance, civil litigation, and public relations.

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In this installment of Multistate Monday, our hosts, Dee Anna Hays and Susan Gorey are joined by Mike Mahoney, who chairs Ogletree’s Payroll Tax and Fringe Benefits subgroup, and Melissa Pesce to discuss key issues for employers with remote workers. Mike and Melissa explore the most significant remote workforce issues, including employers’ obligations to withhold income tax and unemployment insurance contributions for remote workers. Our speakers also consider the implications of workers who work remotely on a temporary basis for personal or business reasons and those who have started working remotely from a new jurisdiction without notifying their employers. In addition, Melissa and Mike also consider best practices for remote work policies, issues concerning remote work as a disability accommodation, and the tools employers can use to conduct audits of home offices.

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In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization. Our speakers specifically address whether OSHA has the legal authority to define what “authorized representative” means without referencing the National Labor Relations Act (NLRA)—or whether OSHA’s efforts are preempted by the Occupational Safety and Health (OSH) Act. Phillip and Frank discuss potential challenges to the walkaround rule, what employers can do during the comment period, what employers can expect given the current political climate (including the upcoming elections and the Supreme Court’s impending Chevron deference case), and the effects of this proposal if the rule survives potential challenges and becomes final.