Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: ALJ Evaluated Whether Company’s Safety Program Provided Adequate Protection
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Fifth Circuit Addressed "Industry Custom" Defense in Machine Guarding Case
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Contractor’s Testimony Ruled Insufficient to Rebut Alleged Excavation Violations
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: ALJ Vacates Citations After Finding Workers Were Independent Contractors
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Paper Company Failed to Establish That Lockout/Tagout “Minor Servicing Exception” Applied
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Rejected OSHA's Claim That Employer Should Have Recognized Violence As A Hazard Under The General Duty Clause
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: North Carolina ALJ Dismissed 27 Citation Items After NC OSH Destroyed Evidence
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Vacated OSHA Citation After Finding Employer's Safety Program Sufficient
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Vacated Machine Guarding and Lockout Citations Against Food Producer
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Employer Failed to Satisfy Requirements for Properly Contesting OSHA Citation
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Steel Fabricator Asks Federal Court to Declare the Review Commission's Process Unconstitutional
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: A Conversation with the Honorable Douglas Parker, the Assistant Secretary of Labor for the Occupational Safety and Health Administration
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Vacated an OSHA Citation Involving Fire Extinguisher Standard and Emergency Action Plans
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Found that OSHA Failed to Prove that the Employer's Industry Recognized an Employee's Position as Being in a Danger Zone
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: OSHA’s Proposed Heat Stress Standard: How it Impacts Your Worksite
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: OSHA’s Proposed Heat Stress Standard: How it Impacts Your Worksite
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Brand New HazCom Standard: Everything You Need to Know
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Rogue Supervisor Defense Fails at Fifth Circuit Court of Appeals
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: OSHA ‘Walkaround Rule’: What it Means for Your Work Site
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Criminal Liability for Individual Executives Following OSHA Inspection
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: OSHA Released New Guidance on the PSM Standard. How Could This Affect You?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Vacates Lockout Tagout Citation, Finding No Employee Exposure
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: NLRB and OSHA Enter Pact to Share Resources and Increase Enforcement
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Judge Vacates Six Citations, Crediting Defense in Multi-Employer Case
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: Opening New Markets: Critical New Changes Coming to the OSHA Hazcom Standard and Updates on GHS and EU CLP
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: OSHA Just Published Proposed Rule to Permit Inspectors to Bring More Non-Employees on Worksite
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: A Conversation with Representative Kevin Kiley, The New Chair of the Workforce Protections Subcommittee, U.S. House of Representatives
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: Judge Refused to Credit Employer Evidence of Unpreventable Employee Misconduct
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: Can Complying with a Specific Standard Form a Defense to an Alleged General Duty Clause Violation?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: OSHA Proposes to Grant Itself Greater Enforcement Powers
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: Court Asked to Evaluate: Should Employers Abate Alleged Violations While Contesting a Citation?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: OSHA Fails to Enforce Heat Stress Citation Under General Duty Clause Requirements
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: OSHA Resurrecting Defeated Idea to Compel Employers to Admit Strangers on Worksite Inspections
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: Review Commission Remanded Judge's Opinion On Multi-Employer Worksite Doctrine
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.This month's topic: Landmark Case on OSHA "Single Employer" Test to be Decided in 3rd Circuit
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: OSHA Citation Vacated on the Grounds That Cited Entity Was Not an Employer
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Second Circuit Ruling Has Critical Implications for All Warehouse, Distribution and Transportation Operations
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Recent OSHA Actions in Whistleblower Retaliation Enforcement
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Review Commission Affirms General Duty Clause Citation after Judicial Error
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Review Commission Reverses ALJ Decision Twice Based on Employer Knowledge
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Review Commission Vacated Lockout Citation Based on Employer Enforcement and Supervision of Work Rules
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law. This month's topic: Heat Stress - Update on OSHA Rulemaking and Enforcement
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Review Commission Overturns ALJ on Basis of Actual Knowledge and Reasonable Care
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Fourth Circuit Considers Higher Standard for Unpreventable Misconduct Defense
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Is OSHA Using the General Duty Clause to Cite Employers for COVID-19?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Supreme Court Rules on OSHA COVID-19 ETS: What Happens Next?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Reasonable Foreseeability Under the General Duty Clause
Join Manesh Rath as he hosts a special 100th episode of the OSHA 30/30™, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: A Conversation with Amanda Laihow, the Current Commissioner with the Occupational Safety & Health Review Commission.
Join the Keller and Heckman Occupational Safety and Health team for a special webinar on the recently published OSHA COVID-19 ETS. Partners Manesh Rath and Lawrence Halprin and Associates Taylor Johnson and Javaneh Tarter will give an intensive overview of the Emergency Temporary Standard and answer any questions on enforcement, exemptions, and legal challenges.
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Recent Review Commission Decision Considered Standard For Willful Violations
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: New Test for OSHA Retaliation Claims.
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Recent State Court Criminal Sentencing of Construction Company Owner
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Is An Employer's Knowledge a Necessary Element in Fall Protection Compliance?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: OSHRC Evaluates OSHA Citation on Basis of "Normal Operations" Element?
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: Recent ALJ Decision Evaluated Whether Employer Was Liable For Exposing Employees To Workplace Violence
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: The Imminent Danger Clause Under the OSH Act (And Other COVID-19 News)
April 21, 2021
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: OSHA Proposed Revisions to the Hazard Communication Standard
March 24, 2021
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: State Guidance Applied in COVID-19 Lawsuits in Occupational Settings
February 24, 2021
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: A Conversation with Loren Sweatt, Head of OSHA 2017-2021
January 27, 2021
December 2020 OSHA 30/30 - OSHRC ALJ Decision Against Unpreventable Employee Misconduct by Keller and Heckman LLP
November 2020 OSHA 30/30 - OSHA's Claim to an Informer's Privilege by Keller and Heckman LLP
Keller and Heckman Partner Manesh Rath hosts OSHA 30/30, a webinar series that covers OSHA issues for 30 minutes every 30 days. Mr. Rath is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, occupational safety and health (OSHA) law, labor law, and employment law.
This month's topic: A Conversation with Marc Freedman, the Vice President of Workplace Policy at the U.S. Chamber of Commerce
September 2020 OSHA 30/30: OSHA Issues First COVID-19 Citation Under General Duty Clause by Keller and Heckman LLP
August 2020 OSHA 30/30: Review Commission ALJ Strikes Down Several Heat Stress Citations by Keller and Heckman LLP
July 2020 OSHA 30/30: Recent U.S. Court of Appeals Decision on PSM Standard Violations by Keller and Heckman LLP
June 2020 OSHA 30/30: DC Ct Order Upholding OSHA Decision to Not Issue ETS for Infectious Diseases by Keller and Heckman LLP
Coronavirus: Insurance Safety, and Health, and Employment Law by Keller and Heckman LLP
This program was presented at an early state in the development of the Coronavirus outbreak and prior to the introduction of many new laws and agency guidance documents. This program is not intended to constitute legal advice. Consult our team for updates.
February 2020 OSHA 30/30: Affirmative Defense of Reliance on an Expert Contractor by Keller and Heckman LLP
January 2020 OSHA 30/30: Unpreventable Misconduct in Machine Guarding by Keller and Heckman LLP
When is a Parent Company an "Employer" Under the OSH Act and Workers' Compensation Laws
In the past several months, EPA has taken steps to increase and expedite the public availability of information under TSCA. In this TSCA 30/30, we discussed the impacts of these developments on the protection of confidential business information (CBI) and what companies can do to ensure protection. In this webinar we covered the following topics:
EPA’s Notice of Intent to publish sanitized section 5 filings, in the form they are submitted, in ChemView; EPA’s publication of the current stage of each section 5 case (PMN/SNUN/MCAN) under review; EPA’s new policy on TSCA CBI notices of deficiency and release of information submitted without notice; and The proposed chemical identity CBI review plan rule and related litigation.
Keller and Heckman Food and Drug Partners Hazel O’Keeffe and Rachida Semail, and Scientist Tjoena Siere are hosting a complimentary webinar focusing on the EU Food-Contact Declaration of Compliance (DoC) and the Flow of Information in the Supply Chain on September 10, 2019. This is of particular relevance for any business operators who face the challenges of reviewing incoming DoCs from suppliers and assessing what approaches to take when drafting EU DoCs for both harmonized and non-harmonized food contact materials and articles (FCMs).
Keller and Heckman LLP presents a webinar on the European Union’s REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) Regulation.
In this webinar we discussed: - Background on OSHA's Lockout/Tagout Standard - OSHA's recent Lockout/Tagout Standard Request for Information (RFI) - How RFI responses could affect OSHA's revision of the Standard - Possible outcomes and consequences of a revised Standard - What employers should do
In this program, we will discuss: • Understanding criminal liability violations under the OSH Act • Criminal enforcement related to workplace safety • Covering recent federal criminal prosecutions • Update on recent state criminal prosecutions • What employers should do
In this webinar, we discuss: - Overview of OSHA's Process Safety Management (PSM) Standard - Discussion of what is a covered "process" under the PSM Standard - Review of facts of case and Administrative Law Judge decision - Analysis of recent Occupational Safety and Health Review Commission decision - What employers should do
In this program we discussed: - The April 12, 2019 proposed amendments to the Chemical Data Reporting (CDR) rule - Impact of the DC Circuit Decision in the EDF v. EPA on CDR Reporting
In this program, we will discuss: - Background on occupational heat stress and the general duty clause - Review of the case's factual context and the ALJ decision-Analysis of the Commission's decision - Discussion: How should heat stress be regulated? - What employers should do
During this podcast, we discuss: - EPA release of Health and Safety Studies submitted during Prioritization and Risk Evaluation - EPA's proposed plan to review CBI claims for substances on the Confidential TSCA Inventory - Expansion of CBI claim justification needed for the 2020 CDR
In this program, we discuss: - Background on the General Duty Clause - Discussion of the case's factual context and ALJ decision - Analysis of the Court's decision and its precedential impact - Comparison: General Duty Clause versus a Workplace Violence Standard - What employers should do
In this program we discuss: - Background on OSHA's silica standard - Questions and issues facing general industry about the silica - standard - Discussion of recent OSHA FAQs for general industry - Construction versus general industry - Impact of FAQs on compliance with silica standard - What employers should do
Overview of the process to prioritize chemicals for risk evaluation Anticipated 2019 prioritization timeline What affected companies and associations should be doing now and during the comment periods Points to consider for potential high-priority substances Points to consider for potential low-priority substances
In this program, we discuss: - Background on OSHA's Site-Specific Targeting Program - Overview of OSHA's Site-Specific Targeting 2016 (SST-16) - Use of electronically-submitted injury and illness data to target - What employers should do
The second REACH review by the European Commission covering 2013-2018 – The Good and the Bad.
Federal government shutdown impact New chemicals – continued evolution of premanufacture review and risk management practices Inventory “reset” – effective date and implications Potential Chemical Data Reporting (CDR) rule amendments Next batches of risk evaluations and risk management rules for existing chemicals Selection and prioritization of 40 existing chemicals for risk evaluation Plan for retrospective review of certain existing CBI claims EPA PFAS Management plan, proposed SNUR for PFAS chemicals Upcoming federal court decisions on TSCA framework rules
In this program we discuss: - Overview of the facts of case and construction standard at issue. - Background on OSHA authority to set standards. - Analysis of Commission decision. - Discussion of vulnerable standards and potential impact on employers. - How employers can use this decision.
Topics:
Data requirements for nanomaterials under REACH Update to U.K. government guidance if there is no Brexit deal Updates to the candidate list of SVHCs Open ECHA consultations
During this webinar we discussed:
EPA’s First TSCA Draft Risk Evaluation – Pigment Violet 29 The Risk Evaluation Peer Review Process Participating in the Risk Evaluation Process
In this program, we discuss: - Overview of facts of case involving OSHA inspection. - Background on OSHA inspections and OSHA's authority to obtain a warrant to inspect an employer's facility. - Discussion of lower court order to quash inspection warrant. - Analysis of recent Court of Appeals Decision. - What employers should do.
During this webinar we will discuss:
Review of New Section 5(a) and 5(e) Framework New Approaches to Approvals – Non-order SNURs, Polymers, Low-Risk Substances Future Actions, Potential Legal Challenges and Hurdles
The TSCA 30/30 webinar will be presented by Keller and Heckman LLP's TSCA attorney Tom Berger. Keller and Heckman LLP's TSCA Chemical Control Practice Group is the leading TSCA and Chemical Control legal firm with offices around the world, Serving Business Through Law and Science®.
In this program we discussed:
Overview of facts in recent Review Commission case. Review of OSHA's "repeat violation" standard. Analysis of the Commission's decision. Discussion of the decision's practical impact on the ability to avoid repeat violations. What employers should do
Keller and Heckman LLP presents a webinar on the European Union’s REACH (Registration, Evaluation, Authorization and Restriction of Chemicals) Regulation.
During this webinar we discussed:
U.K. Government notice on regulating chemicals if there is a no Brexit deal Recent ECHA Board of Appeals decisions Open ECHA consultations
During this webinar we discussed:
Review of EPA’s September 27, 2018 Working Approach Document The 73 Workplan Chemicals Being Targeted Opportunity for Comment
In this program, we discussed:
Overview of requirements in silica standard for construction industry. Questions and issues facing construction industry about the silica standard. Discussion of recent OSHA FAQs for construction industry. Impact of FAQs on compliance with silica standard. What employers should do.
In this webinar, we discussed:
Overview of facts in recent Occupational Safety and Health Review Commission case. Review of OSHA and employer's arguments. Discussion of "lack of control" over worksite defense. Analysis of Administrative Law Judge's decision. What employers should do.
During this webinar we will discuss:
Points to consider when preparing TSCA new chemical notifications The policy for assigning unique identifiers to substances whose identities are withheld as CBI Guidance on structurally descriptive generic names Litigation bits and pieces
In this program, we will discuss:
Overview of facts in recent decisions Understanding the "excusable neglect" standard The Commission's decisions and reasoning The recent trends in analyzing the excusable neglect defense What employers should do
The Anatomy of a TSCA Problem Formulation Document Using NMP as an Example
During this webinar we discussed: EPA’s recent release of problem formulation documents for the first 10 chemicals to undergo risk evaluation The problem formulation document for NMP How will EPA use the problem formulation documents in risk evaluation? Opportunities for industry to influence the outcome
In this program we will discuss:
Overview of facts of case Discussion of "employee exposure" element of proof Overview of ALJ decision and the Secretary's arguments on appeal Understanding the Occupational Safety and Health Review Commission's reversal of the ALJ's decision What employers should do
Litigation update on:
Ninth Circuit review of the Framework Rules Second Circuit review of EPA’s New Chemicals Program Implementation Plan Discussion of future TSCA litigation. The TSCA 30/30 webinar will be presented by Keller and Heckman LLP's TSCA attorneys. Keller and Heckman LLP's TSCA Chemical Control Practice Group is the leading TSCA and Chemical Control legal firm with offices around the world, Serving Business Through Law and Science®
In this program, we will discuss:
Overview of OSHA's injury and illness electronic reporting rule promulgated in 2016. Discussion of recent OSHA enforcement memorandum. Analysis of application of rule in state-plan states. Review of OSHA Spring 2018 regulatory agenda relating to recordkeeping. What employers should do.
During this webinar we will discuss:
EPA Proposal Rule on Strengthening Transparency in Regulatory Science NGO Calls for Greater Transparency in SNUR Rulemaking Implications for the Future of TSCA Rulemaking What Industry Can Do
Partners Herbert Estreicher and James Votaw. will present.
Pesticide Product Advertising and Marketing: Part Two -- What Can You Say? Part Two of this two-part series explores pesticide product advertising on materials other than labels and labeling, including websites, television, radio, magazines and media not otherwise accompanying the product.
In this program, we will discuss:
Overview of facts in recent OSHA citation. Discussion of single employer test and Darden common law agency test. Understanding the employer's challenges to the OSHA citation. Explanation of the 1st Circuit's decision. What employers should do.
During this webinar we will discuss:
EPA’s alternative test method development obligations under the Lautenberg Act EPA’s recent draft Strategic Plan and its uncertainties Implications for companies
The TSCA 30/30 webinar will be presented by Keller and Heckman LLP's TSCA attorneys James Votaw and John Gustafson. Keller and Heckman LLP's TSCA Chemical Control Practice Group is the leading TSCA and Chemical Control legal firm with offices around the world, Serving Business Through Law and Science®.
What Can You Say on Your Label and Labeling? In the first of a series of related webinars, we will discuss EPA’s authority under FIFRA to regulate the pesticide product label and materials defined as “labeling,” including the claims and statements marketers can make on these materials. Part Two (to be held on a different date) explores pesticide product advertising on materials other than labels and labeling, including websites, television, radio, magazines and media not otherwise accompanying the product.
In this program, we will discuss:
Overview of facts in recent OSHA citation. Review of OSHA's Look Back Policy. Understanding the employer's challenges to the OSHA citation. Explanation of the 2nd Circuit's decision. What employers should do.
During this webinar we will discuss:
• Current TSCA user fees • LCSA-mandated changes to fees • Proposed fees for section 4, 5, and 6 actions • “Small business concern” proposed changes • Issues, comments, global perspective
In this program, we will discuss:
Overview of facts of the case. Understanding the significance of supervisor knowledge. Summary of employer's challenges to ALJ decision and OSHA's defenses. Review of 11th Circuit's decision. What employers should do.
During this webinar we will discuss:
· EPA’s approach to fixing the PMN log jam problem.
· The 2nd Circuit Lawsuit.
· What are the ENGO’s chief complaints about EPA’s approach to fixing the PMN problem.
· Why are those Complaints not well taken.
· What Industry can do to break the log jam.
The TSCA 30/30 webinar will be presented by Keller and Heckman LLP's TSCA attorneys Herbert Estreicher and James Votaw.
In this program we will discuss:
Overview of OSHA's Silica Rule. Understanding challenges to the Rule. D.C. Circuit decision. What employers should do.
During this webinar we will discuss:
What are Section 21 Petitions? Fate of Section 21 Petitions Pre-LCSA. What has Changed Under the LCSA. The Food & Water Watch Inc., et al, v. EPA Case. Why Section 21 is Now Important.
In this program we will discuss:
Overview of "greater hazard" and infeasibility defenses to OSHA citations. Review facts in recent Occupational Safety and Health Review Commission case. Potential Employer's defenses. Understanding OSHRC's decision and implications for employers. What employers should do.
In this program we will discuss: Overview of OSHA Bloodborne Pathogens Standard; Application of Standard to waste and recycling operations; Facts in recent settlement agreement between OSHA and recycler; Terms of settlement agreement; and What employers should do.
In this program we will discuss: Overview of recordkeeping and reporting requirements under the OSH Act. Understanding the Improve Tracking Rule promulgated in 2016. Compliance schedule and new reporting website. Discussing special compliance considerations. What employers should do.
During this program, we discussed: Elements OSHA must prove to establish violation of safety or health standard, Facts in recent Occupational Safety and Health Review Commission case, OSHA's elements of proof and the employer's defenses, Review Commission decision and its reasoning, and What employers should do.
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
In this program we will discuss: OSH Act Criminal Violations Recent Criminal Prosecutions DOL/DOJ Worker Endangerment Initiative Criminal Enforcement Related To Workplace Safety 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
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.
In this program we discussed:
• OSHA’s Criminal Enforcement Authority • OSHA’s Use of Criminal Enforcement • State and local prosecution • Recent Justice Department Policy Announcement On Criminal Enforcement • Impact On Employers In Compliance and Investigations • Potential for individual liability for managers and executives • What Employers Should Do
Court Vacates OSHA Citation for Lack of Fair Notice - April OSHA 30/30 by Keller and Heckman LLP
Keller and Heckman Partner Manesh Rath hosts the OSHA 30/30, a webinar series which covers OSHA issues for 30 minutes every 30 days. In this program we discussed OSHA’s Demands For Enterprise-Wide Abatement Based On Single Site Inspections.