Category Archives: Uncategorized

Dirty Steel-Toe Boots, Episode 18: OSHA’s Multi-Employer Citation Policy

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.

Cal/OSHA Informal and Settlement Conferences: Best Practices for Employers

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.

OSHA Recordkeeping Requirements: The Criteria for Recording and Reporting Work-Related Injuries and Illnesses

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.

Immigration Considerations During M&A Transactions

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.

Multistate Monday: Is Workplace Safety and Health a Multistate Issue?

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.

Workplace Strategies Watercooler 2023: Microaggressions—The Unconscious Bias That Can Land Employers in Court

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.

Drug-Testing Limits and OSHA Protocols in Region 6

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.

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.