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In this podcast, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) recently issued “Hurricane eMatrix,” a hazard and risk assessment tool that contains guidance for preparing and engaging in response efforts associated with hurricanes that make landfall. Frank and John review the e-Matrix’s hazard-specific recommendations, heat illness guidance, and training expectations for employees working in hurricane recovery. They also discuss how the guidance found in the eMatrix may indicate that OSHA is shifting from a compliance-focused approach to an enforcement-focused approach.

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In this podcast, shareholders Kevin Bland and Karen Tynan discuss how companies can achieve an effective safety culture to drive reduced injuries, near misses, and incidents as well as create a more holistic approach to safety in the workplace. Karen and Kevin are joined by safety professional Kelly Bernish to discuss what actions employers can take that would allow a safety culture to permeate the fabric of a company from top to bottom and how to train employees to appreciate the value of evaluating risk.

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In this podcast, Kevin Bland, who is a member of Ogletree’s Workplace Safety and Health Practice Group, and Karen Tynan, who is chair of the firm’s West Coast OSHA practice, discuss the California Occupational Safety and Health Standards Board’s COVID-19 Prevention Non-Emergency Regulation. Kevin and Karen highlight the notable differences between this standard and the emergency temporary standards, including the end of exclusion pay, the “close contact” definition, contact tracing, and reduced directions for face covering. Kevin and Karen also discuss enforcement activity and the push for a general industry aerosol transmissible diseases standard.

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In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a close-up look at the Occupational Safety and Health Administration’s (OSHA) multi-employer citation policy, which applies when multiple employers are working at a single job site. Phillip and Dee Anna review the four categories of employers covered by the policy: creating employers, controlling employers, exposing employers, and correcting employers. They review the criteria for identifying the employer categories, as well as the standards of care that apply. Phillip and Dee Anna also discuss the closely-related topic of temporary employees, and the duties of host employers.

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In this podcast, Karen Tynan and Kevin Bland walk us through informal conferences and settlement conferences in the Division of Occupational Safety and Health (also known as Cal/OSHA) forum. Our speakers focus on the details of the settlement process, best practices for scheduling conferences and timing deadlines, the information to gather before a conference, how settlements are finalized, when citations and abatements are due, and how notices in lieu of citation operate in settlements.

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In this podcast, Frank Davis and John Surma discuss the recordkeeping requirements under the federal Occupational Safety and Health (OSH) Act, including the difference between what is recordable and reportable. Frank and John also review the criteria for recordability and explain the recording criteria, including what constitutes medical treatment, days away from work, restricted work, and the timing of reporting.

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In this podcast, Brian Bumgardner and Matt Groban walk us through a variety of critical immigration-related issues to consider when approaching mergers and acquisitions (M&A). Our speakers specifically focus on the impacts of corporate restructuring activity on the Form I-9 requirement, as well as common employment-based temporary work visas and the permanent residency (i.e., green card) process.

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In this installment of Multistate Monday, Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, is joined by Phillip Russell, who is a member of the firm’s Workplace Safety and Health Practice Group and the host of the Dirty Steel-Toe Boots podcast series. Dee Anna and Phillip discuss the multistate compliance issues arising from the existence of 22 OSHA-approved state workplace safety and health programs. Our speakers discuss heat illness standards, reporting requirements, drug testing, workers’ compensation, and guns in the workplace.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, our panel analyzes microaggressions in the workplace and how they can have detrimental effects on workplace morale and productivity and can even expose employers to negative publicity and liability. Austin Office Managing Shareholder Erika Leonard is joined by Chief Diversity, Equity, and Inclusion Officer Lia Dorsey and Morristown (NJ) Office Managing Shareholder Steve Luckner in a discussion that covers how casual workplace comments that may not seem to have malicious intent can be viewed as hurtful or, in some cases, discriminatory. Our speakers offer insights on the nuances of workplace communications and how best to ensure employees’ interoffice interactions can be productive, rather than reductive.

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In this podcast, Frank Davis and John Surma, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, discuss limitations on and best practices for employee drug testing policies throughout the Occupational Safety and Health Administration’s (OSHA) Region 6. Frank and John offer insights related to the timing of drug testing, including in post-accident situations. They also discuss the interaction of federal and state law and OSHA’s 2016 standard interpretation that broadly addressed post-accident drug testing.