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In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) provide an update on enforcement trends at Cal/OSHA, including the rise in citations for failure to adhere to an Injury and Illness Prevention Program (IIPP). Karen and Kevin also give practical pointers for dealing with requests made during an investigation, from written requests to requests for demonstrations. They also discuss “late appeals” cases and the importance of responding to citations in a timely manner.

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In this podcast, Amanda Mullane and Claudia Martorell provide an overview of the temporary COVID-19 policy permitting employers to inspect documents remotely for the I-9 and to complete the I-9 virtually until they returned to in-person operations or until the policy ended on July 31, 2023. Our speakers discuss the compliance expectations on employers, including details on the 30-day grace period (until August 30) to start verifying documents physically, and the exception permitting qualified employers to fulfill the inspection requirements remotely if they were enrolled in E-Verify at the time that the I-9 was completed. Our speakers focus on the significance of the shift from remote to in-person verification of documents, the rules on the use of authorized representatives, and the required notifications to employees.

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In this podcast, Lauren Hicks and Chris Near discuss updates to the Voluntary Self-Identification of Disability Form, which federal contractors and subcontractors must implement by July 25, 2023. Lauren and Chris, who are both members of the firm’s Affirmative Action and OFCCP Compliance Practice Group, examine the threshold requirements for completing the form, review the changes to the form made by the Office of Federal Contract Compliance Programs (OFCCP), and provide practical tips for implementation and document retention.

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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.