March 11, 2015

2015 Meeting Papers

Presentations made at the 2015 Midwinter Meeting of the Occupational Safety and Health Law Committee. Papers will open in new windows.

 

OSHA Primer

Steven Fine, Randy Rabinowitz, and Kimberly Robinson

A Summary of Decisions: OSHRC

Shelley Dufford

Remarks from the Solicitor of Labor's Office

Melissa Bailey, Susan Harthill, and Ann Rosenthal

Key Issues in Enforcement

Tressi Cordaro, Thomas Galassi, Eric Hobbs, and Eric Frumin

The Fair Pay and Safe Workplace Executive Order

The Fair Pay and Safe Workplace Executive Order

Donald Elisburg, Lafe Solomon, Anthony C. Scalice, and Mary Vogel

State and Local Initiatives to Advance Safety and Health in Public Procurement

Mary Vogel

The Fair Pay and Safe Workplaces Executive Order:  A Solution In Search of a Problem?

Anthony C. Scalice

Procurement – Public Work Contracts – Contractor Occupational Safety and Two Health Requirements

Fact Sheet (web link)

The Potential Ebola Pandemic: What Are the Legal Considerations?

Kenneth D. Kleinman, Jordan Barab, Lisa Baum, John J. Coleman, III, and Dr. Gregory R. Wagner

Protecting the Caregivers:  On the Frontline of Treating EVD Patients in the U.S.

Lisa Baum

Remarks by the Assistant Secretary of Labor for OSHA

Dr. David Michaels

The NLRB’s, OSHA’s and Other Federal Agencies’ March toward Joint Employer Liability: Exploring Recent Trends and Issues Affecting Staffing Agencies and Temporary Workers

Jonathan Snare, David Michaels, Stephen C. Dwyer, Orlando Pannocchia, and Katherine Roberson-Young

Recommended Practices

Policy Background Memo (web link)

Recordkeeping Bulletin

Some press releases and citations:

  • January 26 [Region 4 News Release] -2015 - OSHA finds welders unaware of toxic, explosive fumes when blast kills temporary worker, critically injures another.
  • December 31 [Region 1 News Release] -2014 - New Hampshire company faces $230,400 in OSHA fines for exposing employees to fall, crushing, noise and other hazards.
  • July 09 [Region 4 News Release] - 2014  - US Department of Labor OSHA cites Sterilite Corp. and staffing agency for exposing full-time and temporary workers to unsafe conditions.
  • June 30 [Region 6 News Release] -2014  - San Antonio fruit processor and staffing agency cited by US Department of Labor's OSHA for exposing temporary workers to serious hazards.

Issues of Practice and Procedures Before the Occupational Safety and Health Review Commission Administrative Law Judges

Ronald W. Taylor, Hon. Covette Rooney, Valerie Butera, Madeleine Le, and Randy Rabinowitz

OSHA Enforcement in the Construction Industry, including the Issue of Communication Tower-Related Fatalities

Orlando Pannocchia, Angela Donaldson, Caryn Halifax, James Maddux, and John F. Martin

Crane Case Summaries

Angela Donaldson

OSHA: Communication Tower Fatalities – Employer Perspective

John F. Martin

Process Safety Management: What Is the Future of the Standard?

Gregory Dillard, Jordan Barab, Eric Frumin, David C. Kurland, and Peter Vassalo

Correspondence from the Chemical Safety Board | Background Timeline

Eric Frumin

California Refinery PSM Regulation

David Kurland

Comments from OSHRC and FMSHRC

Eric Hobbs, Hon. Patrick K. Nakamura, and Hon. Thomasina Rogers

Court of Appeals Decisions in FMSHRC Cases 2014-2015

Significant FMSHRC Decisions – Feb. 2014-Jan. 2015

How Are Various States Addressing Workplace Violence?

Jason S. Mills, Elliott Furst, Nancy Guyott, and Patrick Singh

2013-2014 Significant Decisions

James J. Sullivan, Jr., Liz Nadeau, Ann Rosenthal, and Amanda R. Strainis-Walker

Issues of Ethics, Professionalism and Civility in OSHA/MSHA Practice

George Salem, Hon. Robert Lesnick, and Hon. Covette Rooney

Issues of Ethics and Professionalism

Hon. Robert Lesnick

Survey of ALJs About Effectively Moving Cases to Resolution

Hot Topics in Mine Safety: Proposed Part 100 Penalty Changes, New Proximity Regulations and the First Pattern of Violations Decisions

Mark E. Heath, Mary Cobb, Avi Meyerstein, and Arthur Traynor

MSHA’s Pattern of Violations Rule – In Use and In Court

Avi Meyerstein

The “Modernization” of 11(c) and OSHA’s Recordkeeping Regulation and the Impact on Retaliation Claims

Andrew J. Rolfes, Eric Frumin, Shontell Powell, and Emily A. Spieler

FY 2010 – FY 2015 Federal OSHA Inspection Data and Trends

Thomas Galassi