OSHA Enforcement on the Rise
Preparing for Workplace Safety Investigations, Responding to Citations, and Negotiating Penalties
DOL makes OSHA compliance top enforcement priority
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss current trends in OSHA enforcement and explain how OSHA approaches and carries out its workplace investigations. The panel will provide best practices for employment counsel when preparing for and participating in an OSHA inspection, responding to citations, and negotiating penalties.
Outline
- Current OSHA enforcement trends
- Increased budget for OSHA inspectors and enforcement programs
- More aggressive penalties
- National emphasis program on injury and illness recordkeeping
- Pending legislation — Protecting America’s Workers Act of 2009
- Preparing for OSHA investigations
- Two types of investigations
- Compliance investigations
- Whistleblower investigations
- Internal and external audits of OSHA compliance
- Effective, current safety and health program
- Adequate recordkeeping
- Manager and employee training
- Safety committees
- Two types of investigations
- Participating in an OSHA inspection
- Selecting company representative
- Opening conference and record requests
- Walkaround inspection
- Employee and supervisor interviews
- Closing conference
- Responding to OSHA citations and negotiating penalties
- Appeal procedures
- Settlements
Benefits
The panel will review these and other key questions:
- What should employers expect from the recent increase in OSHA enforcement?
- What steps can employers and their counsel take to prepare for an OSHA inspection?
- What strategies should employers use when responding to a citation and negotiating penalties arising from an OSHA inspection?
Faculty
James A. Lastowka
Partner
McDermott Will & Emery
He has practiced exclusively in the field of occupational safety and health for close to 30 years. He is a recognized... | Read More
He has practiced exclusively in the field of occupational safety and health for close to 30 years. He is a recognized authority on OSHA and MSHA law and has a nationwide safety and health practice. He handles the full range of OSHA and MSHA litigation, including appeals of citations, penalties and withdrawal orders, and investigating and defending discrimination and whistleblower complaints.
ClosePeter R. Spanos
Partner
Burr & Forman
His experience includes: employment policies, procedures and “best practices;” Fair Labor Standards Act... | Read More
His experience includes: employment policies, procedures and “best practices;” Fair Labor Standards Act collective actions; wrongful termination and employment discrimination lawsuits and charges; discrimination class actions; unfair competition and trade secrets; construction industry labor relations; OSHA; Davis-Bacon; labor/RICO issues; and wage and hour law.
ClosePatricia A. Poole
Partner
Baker Hostetler
She has significant experience assisting employers with matters involving federal and state safety and health statutes... | Read More
She has significant experience assisting employers with matters involving federal and state safety and health statutes and regulations, including defending OSHA citations and whistleblower claims. In addition, she has worked with many clients in the aftermath of catastrophic workplace events causing injuries, property damage and other types of loss.
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