April 01, 2014

2014 Meeting Papers

Presentations made at the 2014 Occupational Safety and Health Law Committee Midwinter Meeting. Papers will open in new windows.

OSHA Primer
Paper Title(s):

“OSHA Primer 2014 Power Point”

2012-2013 Key Issues in Enforcement
Paper Title(s):

“Enterprise-Wide Liability – Does OSHA Have the Authority to Impose It?”

“A 2014 OSHA Regulatory and Enforcement Update”

“OSHA Enforcement Overview Power Point”

“FY14 Oct-Jan Federal OSHA Inspection Data”

The Use of Temporary Workers and Staffing Agencies  
Paper Title(s):

“The Use of Temporary Workers and Staffing Agencies Materials”

“Temporary Worker OIS Coding Memo, April 29, 2013”

“Contingent Workers and Contingent Health, JAMA Article, 2008”

“Cal/OSHA’s Policy and Procedures C-1D”

“Sully Miller Contracting Company vs California OSH Appeals Board, 2006”

“Kelly Services Case”

“National Distribution Centers and Tri State Press Release”

“North Suffolk Post-Settlement Press Release”

“GEO Group Post-Settlement Press Release”

Issues of Ethics, Professionalism and Civility in OSHA/MSHA Practice
Paper Title(s):

“Practicing Before the OSHRC: Issues of Ethics, Professionalism and Civility Hypothetical”

“Federal Practice & Procedure Judicial Review”

“Order Denying Respondent’s Motion to Dismiss but Awarding Lesser Sanctions Against Complainant”

"Attorney Conduct and Ethics in Federal Administrative Hearings"

“Attorney Conduct and Ethics in Federal Administrative Hearings Power Point”

State Plans: Is Federal Oversight Working?
Paper Title(s):

“State Plans--Is Federal Oversight Working?”

Remarks from the Offices of the Assistant Secretary of Labor for OSHA
Paper Title(s):

Legislative and Regulatory Update
Paper Title(s):

“OSHA’s Regulatory Agenda: Changing Long-Standing Policies Outside the Public Rulemaking Process”

Combustible Dust
Paper Title(s):

“Combustible Dust Timeline”

“OSHA Combustible Dust National Emphasis Program, March 11, 2008”

“OSHA Memo – Classification of Combustible Dusts under the Revised Hazard Communication Standard (GHS), December 2013”

“USCC Comments on OSHA Combustible Dust ANPRM”

“Combustible Dust Power Point”

Workplace Violence
Paper Title(s):

“Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents”

“Order Denying NSMHA Motion to Dismiss, April 19, 2012”

“Order Granting Party Status to Service Employees International Union Local 509, April 18, 2012”

“OSHRC Order Regarding Motion to Compel and Cross Motion for Protective Order, February 25, 2013”

“NSMHA Settlement Agreement”

“Employment Law and Domestic Violence: A Practitioner’s Guide”

ADR Panel
Paper Title(s):

“Highlights from Indiana University Study”

“OSHRC Federal Register, May 11, 2012”

“OSHRC NPRM Federal Register, August 22, 2013”

“Sample Settlement Counsel Order – One”

“Sample Settlement Counsel Order – Two”

“Sample Settle Counsel Order – Three”

“Prior FMSHRC Settlement Judge Materials”

Recent Developments in OSHA Enforcement in the Construction Industry
Paper Title(s):

"Update on Construction Safety Issues"

"Multi-Employer Worksite Citation Policy"

Comments from the Commissions
Paper Title(s):

“Significant Commission Decisions”

“Cases Currently on Review”

“Court of Appeals Decisions”

“Strategic Plan for the OSHRC”

2012-2013 Significant Decisions
Paper Title(s):

“Significant Decisions Materials”

SVEP – One for All or One for Small?
Paper Title(s):

“Severe Violator Enforcement Program Directive”

“Severe Violator Enforcement Program White Paper”

“OSHA Claims Its Severe Violator Enforcement Program is ‘Off to a Strong Start’”

“5 Questions We Would Ask OSHA about the SVEP”

“OSHA’s SVEP Defies Constitution – Feed & Grain Magazine Article, January 2013”

“OSHA Reveals Unfair Exit Criteria from Its Unconstitutional SVEP”

“SVEP Power Point”

The Workplace Hazards of Exposure to Silica
Paper Title(s):

“Comment from the National Institute for Occupational Safety and Health (NIOSH)”

 “CDC NIOSH Workplace Safety and Health Topics”

"Silica Exposures in the Workplace and OSHA’S Proposed Revisions to the Occupational Standard on Silica"

"OSHA's Proposed Silica Rule--Employer Issues"

MSHA – Mining Through the Regulatory Changes
Paper Title(s):

“Criminal Enforcement of the Mine Act”

“MSHA: Mining Through the Regulatory Changes – The Right to Review Company Records and Criminal Prosecution Power Point”

2012-2013 Developments in the Whistleblower Protection Program
Paper Title(s):

“Recent Developments in Federal Whistleblower Protection Laws Power Point”

“Recent Developments in Federal Whistleblower Protection Law”

“Employer Safety Incentive and Disincentive Policies and Practices”