In this program, we will discuss: Background on the General Duty Clause Prima facie elements of a General Duty Clause violation Explanation of reasonable diligence requirements Facts in recent Occupational Safety and Health Review Commission case OSHRC decision and implications for employers What employers should do
In this program we will discuss: Background on OSHA’s Multi-Employer Citation Policy Appellate Courts’ interpretations of policy Facts in recent Occupational Safety and Health Review Commission case OSHRC decision and its implications for construction employers What employers should do
In this program we will discuss: Background on Process to Contest a Citation Facts in recent US Court of Appeals case What the Review Commission and US Appellate Court said Petitioning federal courts for review of OSH Review Commission decisions What employers should do
In this program we will discuss: Comparative analysis of prior administrations' enforcement patterns Recent enforcement activities Increased penalties Secretary Acosta's stated position on enforcement What employers should do
The Fate of the 180 Day Enforcement Limit In this program we will cover: The Volks decisions OSHA's Rule to Circumvent Volks Extension of Volks holding to PSM - Delek Refining Challenging OSHA's rule Tolling the limitation period with the Discovery Rule Continuing violations theory What Employers Should Do
Join Marc Freedman, David Sarvadi, and Manesh Rath in a thirty minute analysis of the anticipated impact the new administration is likely to have on OSHA law and policy. Among the subjects that we will discuss: The OSHA Letter of Interpretation on Union Walk Around Rights Regulation by Shaming Publishing data from Recordkeeping reporting Enforcement trends, including Enterprise-wide abatement SVEP Franchises and joint employment DOJ memo on the use of criminal enforcement Incentive Plans...
In this program we will provide: A background of OSHA's position on drug testing and incentive programs; A summary of plaintiff's claims and motion for a temporary injunction; An overview of the federal court's decision and what it did not rule on; Practical tips on how to craft compliant drug testing policies and incentive programs; and Practical bases for defending existing policies against improper enforcement.