Podcast: Play in new window | Download (Duration: 20:54 — 28.7MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 13:05 — 18.0MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 27:38 — 38.0MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 24:58 — 34.3MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 19:53 — 27.3MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 27:28 — 37.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 24:33 — 33.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 25:47 — 35.4MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 31:40 — 43.6MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.

Podcast: Play in new window | Download (Duration: 21:23 — 29.4MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

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.