Workplace Investigations Gone Virtual: Conducting Remote Investigations in the COVID-19 Era

Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible liability, may be unrealistic. Join hosts Bud Bobber and Mark Johnson as they explore the seven questions employers should ask themselves before discharging an employee to help ensure that a discharge is appropriate, defensible, and fair.

In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by John Surma, to discuss OSHA’s January 26, 2023, press release announcing the agency’s new instance-by-instance citation policy along with two related enforcement memoranda regarding the factors for determining whether instance-by-instance citations should be issued and penalty adjustments. Phillip and John (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the implications of this move away from OSHA’s previous policy whereby the agency had the discretion to group similar citations or exposures—including significantly increased penalties multiplied by the number of instances cited. Our speakers also cover how often the agency will use this new practice and how these changes will affect the number of cases that will be contested due to the increased overall penalty exposure.

In the first episode of this multi-part series, Kevin Bland and Karen Tynan cover key information for employers about workplace safety in California. Topics include best practices when Cal/OSHA shows up for an inspection, handling employee interview and document requests, and avoiding common mistakes.