Podcasts

This episode of our Safety Perspectives From Region 6 podcast is the final installment of a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma, both of whom are members of Ogletree’s Workplace Safety and Health Practice Group, wrap up the series with a discussion of the importance of having a crisis management or disaster preparedness plan in place. John and Frank review the elements of such plans, including initial response to the incident, the OSHA investigation, internal and external communications, and follow-up actions.

This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). John Surma and Frank Davis explore issues related to attorney-client and work product privilege in the aftermath of a workplace accident, in addition to best practices on written reports and witness statements produced regarding worksite accidents. Our speakers also discuss advantageous ways to prepare root cause reports to avoid difficulties from the perspective of OSH Act compliance, civil litigation, and public relations.

This episode of our Safety Perspectives From Region 6 podcast is the first in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma discuss the range of employer considerations regarding preserving and documenting the scene of fatalities and catastrophic events at a worksite. Our speakers specifically discuss preservation letters, the scope of the duty to preserve a scene, and consequences for the failure to preserve.

In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the Occupational Safety and Health Administration’s (OSHA) national emphasis programs (NEPs), as well as regional and local emphasis programs, which focus OSHA and state-plan resources on particular hazards and high-hazard industries. Frank and John discuss an array of emphasis programs—including a new national emphasis program that relates to warehousing and distribution center businesses—inspection protocols, and the importance of training. They also cover several emphasis programs specific to Region 6.

In this podcast, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) recently issued “Hurricane eMatrix,” a hazard and risk assessment tool that contains guidance for preparing and engaging in response efforts associated with hurricanes that make landfall. Frank and John review the eMatrix’s hazard-specific recommendations, heat illness guidance, and training expectations for employees working in hurricane recovery. They also discuss how the guidance found in the eMatrix may indicate that OSHA is shifting from a compliance-focused approach to an enforcement-focused approach.

In this podcast, shareholders Kevin Bland and Karen Tynan discuss how companies can achieve an effective safety culture to drive reduced injuries, near misses, and incidents as well as create a more holistic approach to safety in the workplace. Karen and Kevin are joined by safety professional Kelly Bernish to discuss what actions employers can take that would allow a safety culture to permeate the fabric of a company from top to bottom and how to train employees to appreciate the value of evaluating risk.

In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a close-up look at the Occupational Safety and Health Administration’s (OSHA) multi-employer citation policy, which applies when multiple employers are working at a single job site. Phillip and Dee Anna review the four categories of employers covered by the policy: creating employers, controlling employers, exposing employers, and correcting employers. They review the criteria for identifying the employer categories, as well as the standards of care that apply. Phillip and Dee Anna also discuss the closely-related topic of temporary employees and the duties of host employers.

In this podcast, Frank Davis and John Surma discuss the recordkeeping requirements under the federal Occupational Safety and Health (OSH) Act, including the difference between what is recordable and reportable. Frank and John also review the criteria for recordability and explain the recording criteria, including what constitutes medical treatment, days away from work, restricted work, and the timing of reporting.

In this podcast, Frank Davis and John Surma, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, discuss limitations on and best practices for employee drug testing policies throughout the Occupational Safety and Health Administration’s (OSHA) Region 6. Frank and John offer insights related to the timing of drug testing, including in post-accident situations. They also discuss the interaction of federal and state law and OSHA’s 2016 standard interpretation that broadly addressed post-accident drug testing.

In this podcast, shareholders John Surma and Frank Davis cover the workplace safety implications of the current Canadian wildfires and the resulting wildfire smoke that is entering air spaces in the United States. Frank and John discuss how the Occupational Safety and Health Administration (OSHA) approaches wildfires, wildfire smoke, and the corresponding obligation employers have to their employees relative to each. Our speakers also review emergency action plans (EAPs), the conditions that activate an EAP, as well as the preparation and training associated with EAPs. Frank and John touch on a variety of issues raised by concerns over wildfire smoke and the threat of fire, including respiratory protection, shelter in place, and evacuation.

In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by fellow Tampa shareholder, Dee Anna Hays, to discuss the Occupational Safety and Health Administration’s (OSHA) recent focus on heat illnesses and employers’ responsibilities towards employees as temperatures rise. Phillip and Dee Anna discuss OSHA’s 2022 issued national emphasis program in which it gave some guidance to area offices around the country about how to conduct heat-related inspections, what to focus on when the inspections might be triggered, and more. Dee Anna and Phillip also offer employers practical considerations on steps they can take when the heat index rises.