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The U.S. labor secretary and assistant secretary of labor for occupational safety and health recently signed a memorandum giving the Occupational Safety and Health Administration (OSHA) authority to issue certifications supporting applications for U and T nonimmigrant status visas (which are related to certain crimes and forms of human trafficking). In this podcast, John Surma is joined by Leigh Ganchan, who is a member of Ogletree Deakins’ Immigration Practice Group, to discuss what these visas are, how they have traditionally been used, wait times for these visas to be granted, and the status of applicants while these visa cases are processed. John and Leigh also discuss how the new memorandum could come into play in many OSHA inspections because one of the qualifying activities is “obstruction of justice,” which OSHA may claim if an employer fails to cooperate with a compliance officer.

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In this podcast, John Surma and Frank Davis, members of Ogletree’s Workplace Safety and Health Practice Group, discuss hazard alert letters (HAL) issued by the Occupational Safety and Health Administration (OSHA). John and Frank review circumstances under which a HAL might be issued, including deviation from industry standards, and what employers may want to consider when responding to a HAL. The podcast concludes with a review of abatement verification inspections and interim abatements.

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In this podcast, Susan Gorey and Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, are joined by Tae Phillips, who is a co-chair of the firm’s Drug Testing Practice Group. Tae reviews the many issues facing employers as the number of states legalizing the use of medical and recreational marijuana grows. He provides best practices for managing the complex framework of state marijuana laws and discusses issues surrounding job protections for marijuana users, reasonable suspicion drug testing, and what employers can expect in the future.

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In this podcast, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss workplace violence, with a focus on healthcare settings. John Surma, Wayne Pinkstone, and Phillip Jones review the duty to provide a hazard-free workplace and guidance provided by the Occupational Safety and Health Administration (OSHA). They also address how workplace violence incidents may lead to a violation of the Occupational Safety and Health Act’s General Duty Clause. Karen Tynan, chair of Ogletree’s West Coast OSHA practice, joins the conversation to discuss Cal/OSHA’s approach to the threat of workplace violence, the need to address environmental risk factors, and abatement of a hazardous condition after an incident.

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In this podcast, Workplace Safety and Health shareholders John Surma and Frank Davis continue their discussion of inspections conducted by the Occupational Safety and Health Administration (OSHA). John and Frank review employer rights and responsibilities with respect to employee interviews, preserving the scene of an incident, producing injury and illness records, and more.

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In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the basis for and scope of inspections by the Occupational Safety and Health Administration (OSHA). John and Frank discuss circumstances that may trigger an inspection, what to expect at an opening conference, and an employer’s right to limit the inspection.

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In this podcast, Tom Davis and Tom Stanek, co-chairs of Ogletree Deakins’ Traditional Labor Relations Practice Group, provide an update on the National Labor Relations Board’s (NLRB) February 2023, decision that nondisparagement and confidentiality provisions in severance agreements must be carefully drafted. This episode of Third Thursdays does a deep dive into the March 22, 2023, NLRB general counsel (GC) memorandum clarifying the McLaren Macomb ruling. In addition to providing an update on the GC’s latest guidance, Davis and Stanek also provide clarification on previously unsettled issues and factors to keep in mind when drafting severance, settlement, and other employment agreements.

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Just in time for April Fools’ Day, we are pleased to announce the inaugural episode of our newest podcast series, Multistate Mondays. In this episode, Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, is joined by Susan Gorey to discuss the responses to the firm’s recent benchmarking survey. Susan and Dee Anna discuss the most challenging multijurisdictional issues that employers are facing, including leaves of absence, wage and hour laws, handbooks and policies, background checks, and marijuana laws. They discuss how employers can keep up-to-date and in compliance with the patchwork of state laws in these areas—especially given the growing trend of remote workforces that started during the pandemic.

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In this podcast, John Surma and Frank Davis (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the keys to being successful in terms of managing an Occupational Safety and Health Administration (OSHA) inspection. Frank and John discuss the importance of having a workplace safety plan, training employees on details of the plan, being prepared, and maintaining relationships with safety professionals.They also discuss whistleblower complaints, rapid response investigations (RRI), and considerations for employers submitting RRI responses.

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In this podcast, John Surma, Kathy Fletcher, and Karen Tynan discuss Oregon’s Senate Bill (SB) 592, which would significantly increase the amounts of civil penalties for violations of the Oregon Safe Employment Act. The speakers also cover SB 592’s provisions that would allow Oregon Occupational Safety and Health to conduct in-depth, wall-to-wall inspections under certain circumstances. Karen Tynan—who is chair of Ogletree’s West Coast OSHA practice—Kathryn, and John also review the unlimited “look back” period for repeat violations included in SB 592 and highlight Ogletree’s OSHA Tracker, a useful tool in monitoring OSHA activity throughout the nation.