WEDNESDAY, OCTOBER 25, 20172:00 – 4:00 p.m. BONUS SESSIONS

On the afternoon before the conference begins, Ogletree Deakins will host three roundtable bonus sessions that focus on specific industries. These sessions are designed to be interactive and to allow participants to discuss the safety issues and challenges facing their industries with their peers. OSHA 101: A PRIMER

In this session, a panel of experienced attorneys will cover the basics of OSHA: how the agency works, its authority and limits, how OSHA inspections are triggered and conducted, citations and the contest/appeal processes, and more. In short, this session will provide a soup-to-nuts overview of what you need to know to deal with an OSHA issue when it arises.

Moderator: H. Bernard Tisdale (Charlotte) Speakers: Matthew Linton (Denver) Shontell Powell (Atlanta) Thomas B. Song (Orange County)

PROCESS SAFETY MANAGEMENT: WHAT’S OLD IS NEW AGAIN

The world of process safety management (PSM) has been one of change over the past few years. So where do things stand now? This presentation will focus on the recent changes in PSM-related enforcement, case law, and OSHA interpretations. Panelists will also discuss what employers covered by the standard should be focused on, including the PSM National Emphasis Program inspections that are currently underway. Moderator: James A. Lastowka (Washington, D.C.) Speakers: Dean F. Kelley (Milwaukee) D.A. Duggar (Washington, D.C.) Elvige Cassard (New Orleans)

OSHA’S MULTI-EMPLOYER WORKPLACE CITATION POLICY: WHAT DOES IT MEAN FOR OWNERS, EMPLOYERS WITH CONTINGENT WORKERS, AND CONTRACTORS IN GENERAL INDUSTRY AND CONSTRUCTION?

Worksites are increasingly places where employees of multiple entities work side-by-side. OSHA’s policies for these workplaces—including its enforcement focus on temporary workers and its Multi-Employer Citation Policy—continue to evolve. This panel will discuss the practical implications of OSHA’s policies, recent developments, and the issues companies on multi-employer worksites must address to avoid OSHA liability.

Moderator: Eric E. Hobbs (Milwaukee) Speakers: John C. Artz (Pittsburgh) Kevin D. Bland (Orange County)

5:00 – 7:00 p.m. REGISTRATION AND COCKTAIL RECEPTION

Featuring members of the Ogletree Deakins Workplace Safety and Health Practice Group, in-house counsel, and corporate safety directors

MANAGING OSHA LIABILITY IN A DANGEROUS WORLD

PRESENTED BY

WORKPLACE SAFETY SYMPOSIUMOCTOBER 25-27, 2017 • FAIRMONT DALLAS

THURSDAY, OCTOBER 26, 20178:00 – 8:45 a.m. Registration and Breakfast

8:45 – 9:00 a.m. Welcome and Opening Remarks 9:00 – 9:45 a.m. THE TRUMP EFFECT: WHAT HAS IT MEANT AND WHAT MIGHT IT MEAN FOR WORKPLACE SAFETY (AND BEYOND)?

There has not been a more abrupt change in presidential administrations in recent memory than from the Obama administration to the Trump administration. Whiplash, anyone? Many would say the change has been not only abrupt, but also rough in its implementation, with a continued lack of key appointments, resignations, retirements, conflicting policy messages, and important budget impacts (among other things). How has the transition to the new administration affected not only the U.S. Department of Labor and OSHA, but also the Congressional committees that oversee those agencies? What further changes are we likely to see in the future?

Moderator: Melissa A. Bailey (Washington, D.C.) Speaker: James J. Plunkett (Washington, D.C.) 9:45 – 10:45 a.m. ENFORCEMENT: WHAT IS THE CURRENT STATE OF PLAY?

Historically, OSHA’s approach to regulation and enforcement ebbs and flows with changes in presidential administrations, and the resulting changes in policy, strategy, enforcement, standards, regulations, and even the law itself. The Obama administration’s mantra was “regulation by shaming,” and press releases branding employers as bad actors and placement in the Severe Violator Enforcement Program were routine. Will this continue under the Trump administration? Our panelists will discuss OSHA’s latest strategies with regard to policy, regulations and standards, enforcement, and litigation and settlement, as well as provide advice regarding dealing with OSHA under President Trump.

Moderator: Dinah L. Choi (Portland) Speakers: Phillip B. Russell (Tampa) Frank D. Davis (Dallas)

10:45 – 11:15 a.m. BREAK

11:15 a.m. – 12:15 p.m. THE RAPID RESPONSE INVESTIGATION PROCESS FOR HOSPITALIZATIONS, AMPUTATIONS, AND LOSSES OF EYES: TIPS AND STRATEGIES BORN OF EXPERIENCE

Since January 1, 2015, when OSHA’s new injury reporting rule amendments took effect, the number of injury reports to the agency has skyrocketed. OSHA’s Rapid Response Investigation process allows an OSHA area office to shift to a reporting employer the obligation to document in writing what happened, why it happened, and what should be done to prevent a recurrence. The preparation of these reports raises a number of legal and practical issues: Should the company prepare a full-blown root-cause analysis to send to OSHA? What effect might such a report have on OSHA and civil liability? Should a separate, privileged, and confidential report be prepared, and if so, how should this be accomplished? Our panel will address these topics and related issues, as well as offer practical tips for preparing effective reports.

Moderator: R. Lance Witcher (St. Louis) Speaker: John F. Martin (Washington, D.C.)

12:15 – 1:45 p.m. LUNCH AND SPECIAL PROGRAM: HOW DO OSHA’S AREA DIRECTORS, REGIONAL OFFICES, AND LAWYERS APPROACH SETTLEMENT AND LITIGATION OF CITATION CASES?

Get a valuable inside perspective. Representatives of OSHA and the Office of the Solicitor (invited) will talk frankly about how they approach the appeal, settlement, and litigation of citations—both before and after an employer has contested OSHA citations and proposed penalties.

Moderator: Hal A. Shillingstad (Minneapolis) Speakers: Nick Walters, CHST, Vice President of Safety Engineering Services, SCT (Chicago, IL) Matthew Linton (Denver)

1:45 – 2:15 p.m. BREAK

Featuring members of the Ogletree Deakins Workplace Safety and Health Practice Group, in-house counsel, and corporate safety directors

2:15 – 3:15 p.m. OSHA’S USE OF THE GENERAL DUTY CLAUSE

The General Duty Clause of the OSH Act is a weapon wielded by OSHA when no OSHA standard addresses a hazard but OSHA nonetheless concludes that the employer was or should have been aware of a serious hazard. What are the differences between a citation alleging a violation of a standard and a citation alleging a violation of the General Duty Clause? What does OSHA have to prove to make a citation under the General Duty Clause stick? How can an employer protect against a potential General Duty Clause citation, and what defenses are available when one is issued? This presentation will demystify General Duty Clause citations and provide practical insights on how employers can avoid receiving or being stuck with one.

Moderator: Eric E. Hobbs (Milwaukee) Speakers: Shontell Powell (Atlanta) Arthur G. Sapper (Washington, D.C.)

3:15 – 4:15 p.m. SMOKE IN YOUR EYES: THE TREND TOWARD THE LEGALIZATION OF MEDICAL AND RECREATIONAL MARIJUANA USE AND WHAT IT MEANS FOR EMPLOYERS’ DRUG AND DRUG TESTING POLICIES?

There are few legal developments as controversial and troubling to employers as the adoption by many states of laws allowing medical and even recreational use of marijuana. And the number of such states legalizing the use of marijuana is increasing. This panel will consider what employers in different industries should and should not do to their drug and drug testing policies in light of these new laws, and how the legalization of marijuana impacts related employer policies, like those addressing leave.

Moderator: Michael D. Mitchell (Houston) Speakers: Austin E. Smith (Denver) Thomas B. Song (Orange County)

4:15 – 4:45 p.m. YOU JUST CAN’T MAKE THIS STUFF UP: WACKY CASES FROM THE WORLD OF EMPLOYMENT AND SAFETY

Even employment law and workplace safety have humorous sides. This presentation will take a lighthearted look at some of the wackier cases in our world of workplace safety. Speakers: Melissa A. Bailey (Washington, D.C.) Joseph T. Clees (Phoenix)

4:45 – 5:00 p.m. Closing Remarks

6:00 – 9:00 p.m. COCKTAIL RECEPTION AND DINNER

FRIDAY, OCTOBER 27, 20178:00 – 8:45 a.m. Breakfast

8:45 – 9:00 a.m. Day Two Kickoff 9:00 – 9:45 a.m. AFTER THE WHISTLE HAS BLOWN: THE BODY OF A WHISTLEBLOWER CASE

OSHA has responsibility for investigating retaliation, or whistleblower, claims under 22 statutes. The claims it sees and investigates most often, however, arise under Section 11(c) of the OSH Act. Our panel will cover the kinds of claims that can be brought under Section 11(c), how OSHA’s investigative process works, what the agency has to find to conclude that a claim has merit, what happens if merit is found, and issues that are common to Section 11(c) cases. This session is designed to help employers proactively anticipate and avoid whistleblower complaints.

Moderator: Melissa A. Bailey (Washington, D.C.) Speakers: Dee Anna D. Hays (Tampa) William S. Rutchow (Nashville) 9:45 – 11:00 a.m. INTERACTIVE TEAM SESSION: OSHA INSPECTIONS AND WHISTLEBLOWER CLAIMS: HOW DO YOU SUCCESSFULLY NAVIGATE THE MINEFIELD?

The worst has happened: A significant accident at your facility has resulted in multiple injuries, and OSHA is on- site. To make matters worse, your safety manager has filed whistleblower claims alleging that he was discharged because he complained about safety issues in the plant as well as with the company’s fleet of commercial motor vehicles. You know the real story: He was fired for poor performance, including failing to address many of the safety issues that he now claims he complained about! How will the whistleblower claim affect your OSHA enforcement case? How will the whistleblower litigation proceed? And how do you prove your case?

Facilitator: Melissa A. Bailey (Washington, D.C.)

11:00 – 11:15 a.m. Closing Remarks

Featuring members of the Ogletree Deakins Workplace Safety and Health Practice Group, in-house counsel, and corporate safety directors

LOCATION: Fairmont Dallas • 1717 North Akard Street • Dallas, TX 75201 • (214) 720-2020

REGISTER: Please register for the symposium at www.ogletree.com/our-programs. If you have questions or concerns, please contact our events team at ODEvents@ogletree.com.

COST: $695 per person