Category Archives: Uncategorized

California Outdoor Heat Illness Regulations: Key Measures for Summer Heat Inspections



This podcast takes a deep dive into the California outdoor heat illness standard with a focus on implementation and Cal/OSHA enforcement. Shareholders Kevin Bland and Karen Tynan discuss effective outdoor heat illness training practices for supervisors and employees, the benefits of onboarding training, and water and shade access requirements. Our speakers also offer best practices for employers implementing high heat procedures.


Cal/OSHA’s Workplace Violence Regulations and SB 553 Move to the Front Burner



In this podcast, shareholders Kevin Bland and Karen Tynan discuss the California legislature’s and Cal/OSHA’s proposed regulations and laws regarding workplace violence. Our speakers discuss Cal-OSHA’s Title 8 Section 3343 draft regulations and Senate Bill (SB) 553, which would establish new workplace violence prevention standards in California. Karen and Kevin discuss the details of the robust requirement to implement workplace violence plans (including communication, reporting, training, recordkeeping, and response procedures) that employers may have to adopt if the regulations take effect.


Multistate Monday: Managing Multistate Madness While Implementing a Reduction in Force



In this episode of Multistate Monday, Dee Anna Hays, chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, and Susan Gorey are joined by Trina Ricketts, who is co-chair of the firm’s RIF/WARN Practice Group. Our speakers discuss the best practices for parting ways with employees, and all of the multistate issues that can come into play, such as notices, release agreement requirements, and the federal Worker Adjustment and Retraining Notification (WARN) Act and mini-WARN Acts. Trina discusses best practices when implementing a reduction in force, including analyzing the multitude of state specific issues and requirements.


Wildfire Smoke and What OSHA Wants Employers to Know



In this podcast, shareholders John Surma and Frank Davis cover the workplace safety implications of the current Canadian wildfires and the resulting wildfire smoke that is entering air spaces in the United States. Frank and John discuss how the Occupational Safety and Health Administration (OSHA) approaches wildfires, wildfire smoke, and the corresponding obligation employers have to their employees relative to each. Our speakers also review emergency action plans (EAPs), the conditions that activate an EAP, and the preparation and training associated with EAPs. Frank and John touch on a variety of issues raised by concerns over wildfire smoke and the threat of fire, including respiratory protection, shelter in place, and evacuation.


Dirty Steel-Toe Boots, Episode 17: Heat Illness, OSHA’s National Emphasis Program—The Heat Is On



In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by fellow Tampa shareholder, Dee Anna Hays, to discuss the Occupational Safety and Health Administration’s (OSHA) recent focus on heat illnesses and employers’ responsibilities towards employees as temperatures rise. Phillip and Dee Anna discuss OSHA’s 2022 issued national emphasis program in which it gave some guidance to area offices around the country about how to conduct heat-related inspections, what to focus on when the inspections might be triggered, and more. Dee Anna and Phillip also offer employers practical considerations on steps they can take when the heat index rises.


Workplace Strategies Watercooler 2023: OSHA Enforcement Post-COVID-19—What Exactly Does It Look Like?



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Workplace Safety Practice Group members Wayne Pinkstone (Philadelphia) and David Walston (Birmingham) bring listeners up to date on the latest rulemaking and enforcement activity from the Occupational Safety and Health Administration (OSHA). Wayne and David provide insights into the agency’s new priorities and discuss OSHA’s use of rapid response investigations and programmed inspections and the issuance of hazard alert letters since the COVID-19 pandemic ended. In addition, our speakers describe how OSHA has recently reenergized its focus on pre-pandemic priorities such as fall protections, workplace violence, indoor and outdoor heat-related hazards, and personal protective equipment.


Workplace Strategies Watercooler 2023: TECHPLACE™ Talk—ChatGPT, Biometrics, and AI? Oh My!



In this podcast recorded at the firm’s national Workplace Strategies seminar, the co-chairs of Ogletree Deakins’ Technology Practice Group, Danielle Ochs and Jenn Betts, discuss the impact of new and emerging technologies in the workplace—specifically ChatGPT. Jenn and Danielle provide an overview of artificial intelligence (AI) and how it’s being used in the workplace, and discuss the EEOC’s announcement that it intends to hold employers accountable for their use of AI in hiring and recruiting decisions. Danielle and Jenn also discuss ways in which emerging AI technologies, such as ChatGPT, raise new concerns for the workplace and employers and how employers can protect their “smart” workplaces from technological traps.


Pizza, Pizza, Pizza: Is OSHA Taking a New View on Workplace Safety Incentive Programs?



In this podcast, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss safety incentive programs and how the Occupational Safety and Health Administration (OSHA) may be taking a new view of them, as evidenced by a 2023 post by OSHA that asked, “Is your pizza party incentive program unreasonable?” The speakers, Jeff Leslie, John Surma, and Karen Tynan—who is chair of the firm’s West Coast OSHA practice—review various types of incentive programs and what employers can learn from past OSHA guidance.


Workplace Strategies Watercooler 2023: Is It #TimesUp on #MeToo?



In this podcast recorded at our recent national Workplace Strategies seminar, Liz Falcone (Office Managing Shareholder, Portland, OR), Evan Citron (Shareholder, New York), and Kathryn Bird (Partner, Toronto) discussed the evolution of the #MeToo movement years after the movement gained significant traction in October 2017. Our speakers commented on how the #MeToo movement has contributed to an increased number of sexual harassment claims and larger damages awards. They also addressed the legislative response to the #MeToo movement, including limitations on the arbitrability of claims, prohibition of nondisclosure provisions, and longer statutes of limitations.


An Insider’s Perspective on Workplace Safety: Developing Industry Standards and the Benefits of Collaboration



In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group are joined by Tom Baldwin, Vice President of Safety for Global Medical Response/American Medical Response (GMR/AMR), which provides emergency medical services and patient relocation services in the United States. Tom shares details of his professional path, including his role in developing industry safety standards. Our speakers and guest also discuss the importance of the relationship between the client and the attorney and the related collaboration and communication between attorneys and clients in creating a culture of safety.