OSHA 30/30 with Manesh Rath

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

In this program we will cover:
A background to OSHA's "re-interpretation" of the PSM Retail Exemption and the industry legal challenge
The D.C. Circuit's decision in Agric. Retailers
The implications for OSHA rulemaking and enforcement in light of this decision
A practical discussion of what employers should do

In this program we will discuss:
Who is covered under this rule?
What hazards are covered by the rule?
What is required by the rule?
Delayed compliance deadlines and grandfathering
Specific issues of concern, and
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 and Drug Testing
Standards Currently Under Litigation
Silica
Recordkeeping
OSHA's Rulemaking to expand statute of limitations on Recordkeeping
New Rulemaking Initiatives

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.

In this program we will provide:
A background of OSHA's right to physically inspect an employer's premises;
A case summary of a recent employer challenge to an OSHA warrant to inspect;
OSHA's arguments in favor of establishing probable cause;
A review of other critical challenges to OSHA's right to physically enter and inspect; and
What employers should do

Topics will include:
- EPA’s recent implementation actions
- Issues in the new CBI process
- How to substantiate
- Impact of reverse engineering, commercial and industrial intelligence
- What companies should do

Provide an overview of the OSHA Lockout/Tagout standard's unexpected energization exception;
Provide a review of the landmark decision and compliance directive statement on unexpected energization;
Outline other elements to OSHA's Standards Improvement Project affecting recordkeeping, construction and other elements of OSHA standards; and
Discuss what employers should do in light of these proposed changes.

Topics included:
Changes to the New Chemical Review Process
The New Standard of Review
New Data Requirements
More Surprises to Come
What Manufacturers Should Do

In this program we provided:
• Background on OSHA's Severe Violators Enforcement Program;
• An overview of OSHA's recent announcement of a Pilot Program applying SVEP to whistleblower claims;
• An understanding of how this may impact employers; and
• What employers should do.