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February 12, 2020

2018 Meeting Papers

Tuesday, February 27

Welcome and Explanation for MSHA Program and Goals for Future Years

Welcome and Explanation for MSHA Program and Goals for Future Years
Mark E. Heath and Art Traynor

MSHA Goals for 2018 and Regulatory Changes

MSHA Goals for 2018 and Regulatory Changes
Patricia Silvey

Do’s and Don’ts for Appellate Advocacy before the Federal Mine Safety Health and Review Commission

Do’s and Don’ts for Appellate Advocacy before the Federal Mine Safety Health and Review Commission
Robert F. Cohen, Jr

Settlements and an ALJ's Ability to Control Them: Where Are We Headed?

Settlements and an ALJ's Ability to Control Them: Where Are We Headed?
Doug Parker, Doug Parker, Ross Watzman, and Daniel Wolff

105c Temporary Reinstatement: Economic vs. Actual Reinstatement and Other 105(c) Issues

105c Temporary Reinstatement: Economic vs. Actual Reinstatement and Other 105(c) Issues
William Doran, Mark E. Heath, Doug Parker, and Art Traynor

How ALJs Are Assigned and Efforts to Speed up the Processing of MSHA Cases

How ALJs Are Assigned and Efforts to Speed up the Processing of MSHA Cases
Hon. Robert J. Lesnick

MSHA Roundtable on Hot Topics: 103(f) Walk Around Rights, Remedies in 105(c) Outside the Act, Flagrant Citations and Status of Pattern of Violations

MSHA Roundtable on Hot Topics: 103(f) Walk Around Rights, Remedies in 105(c) Outside the Act, Flagrant Citations and Status of Pattern of Violations
Todd C. Myers, April Nelson, Doug Parker, Art Traynor, and John M. Williams

OSHA Primer

OSHA Primer
Benjamin Kim, Nicole Marquez, and Paul Spanos

Wednesday, February 28

Opening Remarks by Committee Co-Chairs

Opening Remarks by Committee Co-Chairs
Melissa Bailey, Orlando Pannocchia, and Randy Rabinowitz

Remarks from the Solicitor’s Office

Remarks from the Solicitor’s Office
April Nelson and Ann Rosenthal

2017-2018: Key Issues in Enforcement

2017-2018: Key Issues in Enforcement
Richard Mendelson, Thomas Galassi, and Orlando Pannocchia

A View from the Field: Legal Issues Arising from Enforcement

A View from the Field: Legal Issues Arising from Enforcement
Eric Frumin, Eric Hobbs, Madeleine Le, and Ronald W. Taylor

Interplay between the NLRA and OSHA: Employee Involvement in Safety and Health

Interplay between the NLRA and OSHA: Employee Involvement in Safety and Health
Jonathan D. Karmel and Kenneth Kleinman

Thursday, March 1

Remarks from Mine Safety and Health Administration

Significant Mine Act Cases before the Federal Mine Safety and Health Review Commission and Appellate Courts, June 2016-February 2018
Robert F. Cohen, Jr. and Patricia Silvey

Federal Mine Safety & Health Review Commission
Robert F. Cohen, Jr. and Patricia Silvey

Remarks from the Occupational Safety and Health Review Commission

Remarks from the Occupational Safety and Health Review Commission
Hon. Heather MacDougall, Hon. Cynthia Attwood, and Hon. James Sullivan

Developments in Administrative Law: What Role Does Deference Play When a New OSHA Administration Seeks to Change Agency Policies?

OSH-Related Cases Applying the Chevron Doctrine
Ann Rosenthal, John Martin, and Scott Nelson

Deconstructing Regulations: The Nuts and Bolts
Scott Nelson

Regime Change and Regulatory Resilience

Case List

The Role of Chemical Safety Board

The Role of Chemical Safety Board
Madeleine Le, and Vanessa Allen Sutherland

Update on Cal-OSHA

Update on Cal-OSHA
Christine Baker, Nathan Schmidt, and Michael Wood

Heat Stress: Understanding the Industry Standards and Protecting Employees

Heat Stress: Understanding the Industry Standards and Protecting Employees
Jordan Barab, Shontell Powell, and Diane Sherman

Using the Heat Index: A Guide for Employers
Jordan Barab, Shontell Powell, and Diane Sherman

General Industry Safety Orders Group 2. Safe Practices and Personal Protection Article 10. Personal Safety Devices and Safeguards
Jordan Barab, Shontell Powell, and Diane Sherman

Settlement Issues That Arise in Challenges to OSHA Standards

Settlement Issues That Arise in Challenges to OSHA Standards
Ed Baird, Randy Rabinowitz, and David Sarvadi

OSHA Standards and Regulations Litigation Since 2000 Chart
Ed Baird, Randy Rabinowitz, and David Sarvadi

Sexual Harassment as a Safety and Health Issue

Sexual Harassment as a Safety and Health Issue
Orlando Pannocchia

Friday, March 2

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

Issues of Ethics, Professionalism and Civility in OSHA/MSHA Practice
Hon. Covette Rooney and Hon. Robert Lesnick

Practicing Before the Occupational Safety and Health Review Commission: Issues of Ethics—Puffery, Electronic Competence, and Protecting Privileged Information
Hon. Covette Rooney

Key Issues Affecting Medical Services at the Workplace

Key Issues Affecting Medical Services at the Workplace Part I
Debbie Berkowitz, Jane Heidingsfelder, and Karen Mock

Key Issues Affecting Medical Services at the Workplace Part II
Debbie Berkowitz, Jane Heidingsfelder, and Karen Mock

The General Duty Clause: How Does OSHA Prove Its Case and What Role Do Industry Standards Play?

The General Duty Clause: How Does OSHA Prove Its Case and What Role Do Industry Standards Play?
William Wahoff

Whistleblower Protections Beyond Those Provided by 11(c)

Whistleblower Protections Beyond Those Provided by 11(c)
Randy Rabinowitz and Alka Ramchandani