Cal/OSHA Summit 2017: Leading-Edge Strategies for Exceptional Safety Management and Compliance in California (BLR)
Event on 2017-10-10 07:00:00
Cal/OSHA Summit 2017: Leading-Edge Strategies for Exceptional Safety Management and Compliance in California
October 10-11, 2017 | Westin South Coast Plaza, Costa Mesa
CONFERENCE SNAPSHOT: Cal/OSHA Summit 2017 is a leading state-specific event for California employers and safety professionals to get cutting-edge developments on new regulations, compliance strategies, and management tactics.
Employers take notice: 2017 is shaping up to be a year of major concerns for California-based safety professionals. For example, Cal/OSHA’s regulatory focus includes:
The development of the hospital workplace violence standard, which will likely lead to standards coming to additional workplaces in time
Ongoing emphasis on heat illness and prevention
Increased spotlight on communicable illnesses
The development of standards that closely follow fed/OSHA’s recent revision to the recordkeeping rules and increased penalties
The Cal/OSHA Summit 2017 will help employers navigate these new changes and prepare for what's coming down the pipeline. Attendees will:
Access proven strategies to avoid the most common mistakes of Cal/OSHA’s most violated standard on injury and illness prevention
Ace Cal/OSHA inspections by learning tips for a successful walk-through
Uncover proven tactics to protect California workers from heat stress and illness, according to Cal/OSHA's strict requirements
Discover safety incentives that other California companies have successfully implemented to drive low-risk behavior
Hear motivating and informative talks on post-accident drug testing and injury reporting, HazCom labeling practices, and workplace violence prevention
Get hands-on with a workshop to help you optimize your return-to-work process
Identify high-impact strategies to get buy-in on your safety culture program, from management and staff alike
Who should attend? Safety and EHS managers, directors, consultants, and employers with California or multi-state safety compliance obligations.
Thomas E. (TED) Boyce, Ph.D.Thomas E. (TED) Boyce, Ph.D.
Founder & President
Center for Behavioral Safety, LLC
Thomas E. (TED) Boyce, Ph.D. is the only applied psychologist, formally-trained professional musician and recording artist, author, keynote speaker, university professor, Fortune 100 business consultant in the world. Dr. Boyce pioneered the application of behavioral science in the mining industry and has been providing cost-effective safety and culture change training to the U.S. mining, manufacturing, and construction industries for over 22 years. He was recently placed on a list of the Top 10 Culture Change Experts you should pay attention to. Also, included on that list is enduring educator, author, and speaker, the late Stephen Covey.
Dr. Boyce is a full member of the American Psychological Association, Association of Psychological Science, and the Association for Behavior Analysis International. He is also active with local and regional Chapters of ASSE. In 2016 TED released his 3rd cd of original rock music entitled simply TED & the StartUp and a live CD featuring just bass guitar, drums, and vocals was just released in March. Of the power duo, it has been asked, “how did they do that?” Dr. Boyce and his band play in the CA rock club circuit and are available for corporate events. Learn more at www.thomaseboyce.com and tedandthestartup.com
Karen Capasso, Esq.Karen Capasso, Esq.
Smith Law Offices, LLP
Karen Capasso is a partner with Smith Law Offices, LLP – a trial and litigation law firm that specializes in labor and employment, regulatory, healthcare and business litigation – in Riverside, California. Her current practice is focused on public entity law and labor and employment litigation. She has represented some of the largest employers in the Southern California region and, prior to joining Smith Law Offices, LLP, she handled employment law and construction defect litigation cases for major businesses.
Eric ConnEric J. Conn, Esq.
Conn Maciel Carey LLP
Eric J. Conn is a founding partner of Conn Maciel Carey and Chair of the firm’s national OSHA Workplace Safety Practice Group. His practice focuses exclusively on issues involving occupational safety and health law.
Mr. Conn develops safety and health regulatory strategies for his clients across all industries with a particular emphasis in, advising and representing clients in relation to inspections, investigations and enforcement actions involving the Occupational Safety and Health Administration (OSHA) and State OSH Programs, the Environmental Protection Agency (EPA), the U.S. Chemical Safety and Hazard Investigation Board (CSB), the Mine Safety and Health Administration (MSHA), the Department of Justice (DOJ), the National Transportation Safety Board (NTSB), the U.S. Coast Guard, the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF), and state and local regulators.
In addition to his vast experience with federal OSHA matters, Mr. Conn also regularly represents California companies in Cal/OSHA matters, such as incident and programmed inspections and enforcement actions involving lockout/tagout, machine guarding, heat illness, electrical and conveyor safety, as well as IIPP rules.
Mr. Conn counsels clients through catastrophic industrial, construction, and manufacturing workplace accidents, including explosions and chemical releases. He also helps clients develop auditing and safety programs while providing workplace safety training and compliance counseling for employers.
Prior to founding Conn Maciel Carey, Mr. Conn was Head of an OSHA practice group that was honored as the “Occupational Health & Safety Law Firm of the Year” by Corporate INTL Magazine in its 2014 Global Awards. In 2013 and 2014, he was named a "Rising Star" by Washington, DC SuperLawyers, and was selected as a SuperLawyer for inclusion in the Washington Post's Top Rated Lawyers list in Washington, DC in 2015 - 2017.
Mr. Conn is a prolific writer on all topics OSHA related. He edits the award-winning OSHA Defense Report blog, and authored the chapter "OSHA Inspections" in the Occupational Safety and Health Law Handbook, 2nd ed. (Government Institutes, 2008), and the chapter "Defending Clients Against the Occupational Safety and Health Administration's Increasingly Severe Enforcement Practices" in Complying with the Occupational Safety and Health Act: Leading Lawyers on Navigating OSHA Investigations and Developing Successful Compliance Strategies (Aspatore, Inside the Minds, 2012).
Mr. Conn is also a popular speaker on OSHA and related legal issues, and is often quoted as a leader in the field. He curates the OSHA Defense Report Group on LinkedIn and can be found on twitter as @OSHA_Guy.
Joshua HendersonJoshua Henderson, Esq.
Partner & National Vice Chair, Labor & Employee Relations Group
Joshua Henderson is a Partner in the Labor & Employment Department of Seyfarth Shaw LLP, and the national Vice Chair of the Firm’s Labor & Employee Relations Group. He represents management in various industries in a broad range of labor and employment litigation and counseling.
Mr. Henderson has a broad-based workplace safety and health practice, including advice, counsel, and training on various OSHA regulations, and has defended employers in litigation before the Cal/OSHA Appeals Board, the OSHRC (OSHA), the Washington Board of Industrial Insurance Appeals (WISHA), and others. Mr. Henderson also is a trusted advisor and representative for management in traditional labor matters. His labor relations practice includes NLRB and federal litigation, collective bargaining, labor arbitrations, strikes and other concerted activity, and secondary boycotts. The balance of his practice consists of other complex employment litigation matters, including wage and hour class actions, EEOC systemic litigation, and the defense of retaliation, discrimination, and sexual harassment claims.
A prolific legal writer, Mr. Henderson’s work on cutting-edge labor and employment issues and legal developments has been published extensively. His most recent articles cover Cal/OSHA’s expansion of the definition of “repeat” citations, and the adoption of a workplace violence standard for health care employers in California.
Lisa PrinceLisa Prince
Walter & Prince LLP
As a partner with Walter & Prince LLP, Lisa Prince works with employers, safety directors, risk managers, and human resources administrators on the development of effective, preventive safety programs that answer regulatory mandates. Her litigation practice is now focused on representing employers in defense of OSHA citations, serious and willful misconduct and worker’s compensation discrimination claims.
Ms. Prince is a member of the Labor and Employment Sections of the American, California State and Sonoma County Bar Associations, the American Society of Safety Engineers, and the Safety and Health Council of the Associated General Contractors of California (AGC). The firm’s latest edition of the Workplace Safety chapter of the Continuing Legal Education of the Bar publication “Advising California Employers and Employees” was published in 2015.
Christopher Romero, Esq.Christopher Romero, Esq.
Smith Law Offices, LLP
Christopher Romero is an associate attorney with Smith Law Offices, LLP – a trial and litigation law firm that specializes in labor and employment, regulatory, healthcare and business litigation – in Riverside, California. His practice is focused on public entity and civil defense litigation. He has also successfully defended numerous individual and business clients involved in construction defect litigation and personal injury claims.
Joshua Schultz, Esq.Joshua Schultz, Esq.
Law Offices of Adele L. Abrams, P.C.
Joshua Schultz is the Managing Attorney at the Law Office of Adele L. Abrams P.C. in Denver, Colorado. The Law Office of Adele L. Abrams is an 8-attorney firm that represents employers in MSHA and OSHA defense, compliance, and training nationwide. Mr. Schultz is accredited by the International Society of Mine Safety Professionals as a Mine Safety Professional and is a safety professional who regularly speaks on safety and health issues in California and elsewhere throughout the United States. He is a graduate of the University of Maryland School of Law and the University of Maryland, College Park School of Journalism. Before joining the Law Office of Adele Abrams in September 2008, he clerked with the United States Environmental Protection Agency and the Maryland Office of the Attorney General.
Andrew SomnerAndrew Sommer, Esq.
Conn Maciel Carey LLP
Andrew Sommer is a partner with Conn Maciel Carey’s Workplace Safety and Employment practice groups. He defends employers in a wide range of labor and employment matters, with a particular emphasis on Cal/OSHA enforcement actions and employment litigation. Mr. Sommer represents employers in inspections, investigations and enforcement actions involving Cal/OSHA, and advises on issues related to workplace safety.
Jeffrey TanenbaumJeffrey Tanenbaum, Esq.
Nixon Peabody, LLP
Jeff Tanenbaum is a member of Nixon Peabody’s Labor and Employment practice and chairs the firm’s Occupational Health & Safety (OSHA) practice. He represents employers in a wide range of employment and labor law matters.
Mr. Tanenbaum’s practice has special focus on OSHA compliance and litigation, including but not limited to Cal/OSHA and Fed/OSHA matters. This involves developing state of the art safety procedures, training, safety and health audits, appeals of citations, obtaining variances and representing employers in the rulemaking process. He has litigated well over a thousand OSHA citations.
Tuesday, October 10 | Main Conference
Registration & Breakfast
7:00 a.m. – 8:00 a.m.
8:00 a.m. – 8:05 a.m.
California Compliance 360: The Latest Updates Impacting Safety Management and Training
8:05 a.m. – 9:35 a.m.
Presented by: Jeffrey Tanenbaum, Esq., Nixon Peabody LLP
What impact with the Trump Administration have on federal workplace safety and health-based initiatives and enforcement priorities, and what are the top safety compliance priorities for the Division of Occupational Safety and Health, the Appeals Board, and the Standards Board here in California? You’ll get answers to these questions and more. Cal/OSHA 2017 kicks off with critical updates on new court rulings, policy initiatives, regulatory enforcement, and training requirements under federal OSHA and Cal/OSHA.
Networking and Refreshments Break
9:35 a.m. – 9:50 a.m.
Injury and Illness Prevention Plans in California: How to Avoid the Most Common Mistakes of Cal/OSHA’s Most Violated Standard
9:50 a.m. – 10:50 a.m.
Presented by: Lisa Prince, Esq., Walter & Prince LLP
California law requires employers to maintain written—and effective—illness and injury prevention plans (IIPP) for general industry. But, while having an IIPP is mandatory, the state’s IIPP general industry standard is the most violated one here in California. Why is that? And, what can you do to ensure that your organization develops and maintains a comprehensive and effective IIPP that complies with the California Department of Industrial Relations’ (DIR) General Industry Safety Order 3203? Also, what additional IIPP requirements may apply under DIR’s Construction Industry Safety Order 1509?
This session will address:
The compliance checklist for ensuring you meet applicable IIPP general industry requirements under state law
Strategies for demonstrating management’s commitment to safety and your IIPP
What your IIPP communication strategy should include
Tips for ensuring that employees comply with safe and healthful work practices that don’t violate Cal/OSHA rules and standards
Strategies for maintaining hazard assessment surveys and follow-up inspections
The written system for covering accident investigation protocols
Abatement procedure requirements to include in your IIPP
When employee and supervisor training on the IIPP should occur
IIPP recordkeeping essentials
Additional IIPP requirements for employers in the construction industry
Acing Cal/OSHA Inspections: Prepare for and Successfully Manage a Visit from Cal/OSHA
11:00 a.m. – 12:00 p.m.
Presented by: Eric Conn, Esq., Conn Maciel Carey LLP
Cal/OSHA inspections are almost always unannounced, and the less prepared you are for an inspector’s knock at the door, the more risk you have of citations and costly penalties. There are a variety of reasons for a Cal/OSHA inspection—an employee’s complaint about an unsafe work practice or an accident report noting a serious injury, illness, or death, for instance. Cal/OSHA inspections may also occur as the result of targeted inspections in certain high hazard industries, which include several types of manufacturers, as well as businesses involved in farming, building and framing, nursing and residential care, retail, and transportation. However, given the broad authority Cal/OSHA has to conduct inspections, the fact is that every workplace could be vulnerable to an inspection and resulting citations.
This session will teach you what to do in advance of and during a Cal/OSHA inspection to minimize the risks of high-cost citations.
Employers’ goals for managing a Cal/OSHA inspection
Recent Cal/OSHA and OSHA inspection focus areas that could apply to your organization
Pointers for identifying and preparing for site-specific and unexpected Cal/OSHA inspections
Steps to take before inspections begin
What should go into your OSHA inspection preparation checklist, including how to address:
roles and responsibilities
step-by-step approaches for each phase of the inspection
data and information that should be at hand
Employers’, employees’, and Cal/OSHA’s rights during inspections
Stages of Cal/OSHA inspections, and how to manage the many “moving parts” of the inspection process, including:
the opening conference
the walkaround inspection
document and information requests
supervisor and non-supervisor employee interviews
the closing conference
Your options, considerations, and strategies if citations are received
12:00 p.m. – 1:00 p.m.
The Latest Top Cal/OSHA Violations and Trends in Cal/OSHA Enforcement
1:00 p.m. – 2:00 p.m.
Presented by: Andrew Sommer, Esq., Conn Maciel Carey LLP
California’s Division of Occupational Safety and Health is perhaps the most aggressive and enforcement heavy approved state OSH program in the nation. In the past year, DOSH has found 93 percent of the businesses that were inspected out of compliance and issued citations amounting to over 2,700 violations. Some of the most commonly cited violations involve California’s unique regulatory requirements such as the Injury and Illness Prevention Program, Heat Illness Prevention Plan and Reporting standards. In the coming year, employers can expect an uptick in Cal/OSHA violations characterized as “Repeat,” and given the state’s recent amendments to its repeat violation standards, they’ll need to conform to federal OSHA's policy. In addition, employers are likely to face increased civil penalty amounts across the board. Due to pressure from federal OSHA to mimic its new penalty structure directed by Congress last year, penalties could increase up to 6,750.
This session will address:
The top Cal/OSHA violations and enforcement trends—and how they compare and contrast with federal OSHA
A close look at Cal/OSHA’s new Repeat violation rule
Potential changes to Cal/OSHA’s maximum penalty authority on the horizon
California’s unique standards concerning notices of intent to issue Serious violations (1BY)
Tips for navigating the Cal/OSHA appeals process
Heat Stress and Illness: Tips to Protect California Workers and Comply With Cal/OSHA’s Strict Requirements
2:10 p.m. – 3:10 p.m.
Presented by: Joshua Henderson, Esq., Seyfarth Shaw LLP
Working in the heat can have severe, and potentially deadly, effects on employees. Cal/OSHA’s byzantine outdoor heat illness prevention regulation, found in Title 8, section 3395 of the California Code of Regulations, continues to pose compliance questions for even the most conscientious employers, and remains the focus of Cal/OSHA and its inspectors. To protect their employees and to minimize liability, California employers must understand and abide by their obligations to prevent and minimize the effects of heat-related illness for employees working both outdoors and inside.
This lively session, will cover:
Environmental risk factors that contribute to heat illness
Cal/OSHA’s outdoor heat illness prevention regulations, including the requirements to:
Provide shade and water
Monitor employees for early signs of heat illness
Establish an emergency response
Train employees and managers to spot the signs of heat illness
Cal/OSHA’s efforts to regulate indoor heat stress
Personal protective equipment (PPE) essentials for combatting heat stress at work
Tips for evaluating your existing heat illness prevention plan to ensure ongoing compliance with Cal/OSHA regulations
Best practices for your heat illness training program
Action plans for removing employees from heat stress dangers while maintaining productivity
Networking and Refreshments Break
3:10 p.m. – 3:25 p.m.
Safety Incentives that Work: California Companies that Have Conquered the Incentive/Discipline Maze to Effectively Motivate Safe Behaviors
3:25 p.m. – 4:10 p.m.
Having a zero-injury record can be a big accomplishment. But, when attaining or maintaining zero-injury status becomes a standard that’s engrained into each and every worker, underreporting of minor injuries or near misses is more likely to occur. Cal/OSHA and federal OSHA are concerned about this issue, and, thus, inspectors are on the lookout for safety incentive programs that are flawed in this respect. This session will examine how companies here in California are “getting it right” with how they motivate their workers while complying with the rules governing incentives and disincentives under state and federal law.
Examples of compliant safety incentive programs here in California—and the positive results the safety managers at those companies have been able to achieve with them
The role of disciplinary programs in the overall incentive/disincentive process
The costly citations your company could face if Cal/OSHA concludes that your incentives aren’t legal under state law
Multi-State Worksites: Mastering Safety Compliance Across State Lines
4:10 p.m.– 5:10 p.m.
Presented by: Joshua Schultz, Esq., Law Offices of Adele Abrams, P.C.
Many California-based employers have operations in other states, and in the growing era of the “gig economy” it’s quite possible for employers that never thought they would employ workers across state lines to be in a situation where they’re managing employees who are working outside of California. When employees work out of state, which safety and health rules and regulations govern? Questions like this arise all the time, and it’s important to know the compliance essentials for mastering your safety and health-related obligations.
During this session, you’ll learn:
How to tell which workplace safety and health laws govern when you employ out-of-state workers
Examples of how other states’ regulations may differ from Cal/OSHA and federal OSHA—so you know the types of thorny issues you could encounter if you’re not prepared
How the Trump Administration’s policies are impacting safety on a national level and what that means for managing safety here in California and at worksites across state lines
Whether and how some states’ legalization of medical and recreational marijuana factors into drug testing for safety-sensitive positions outside of California
Day 1 Adjourns
Wednesday, October 11 | Main Conference
7:15 am – 8:00 a.m.
Breakfast and Learn: Your Guide to Safety.BLR.com®
7:30 – 7:45 a.m.
Let’s Talk Safety: Your Evolving Responsibilities and Best Practices
8:00 a.m. – 9:10 a.m.
Day 2 of Cal/OSHA 2017 kicks off with a series of power talks designed to brief you on important developments and inspire you with pointers on how to achieve compliance with ease.
Talk #1—Post-Accident Drug Testing, Injury Reporting and Anti-Retaliation Prevention
What’s the latest on OSHA’s rule on post-accident drug testing, and how does the current state of affairs impact workplace safety policies here in California? What can you do to ensure that injury reporting doesn’t breed claims for retaliation under state whistleblowing laws? This talk will power through how California workplaces are affected by OSHA’s post-accident drug testing rule and do’s and don’ts for ensuring that injury reporting doesn’t spark retaliation claims.
Talk #2—HazCom Labeling Practices in California: How Prop 65 Requirements Differ from Federal OSHA Standards
Given the sheer volume of hazardous chemicals at work, safety managers must ensure that their worksites are up to speed on hazard communication labeling requirements under Proposition 65. But, how do Prop 65 requirements differ from the Globally Harmonized System’s (GHS) hazard communication standard? This talk will clear up confusion on key differences between Prop 65 and the GHS’s hazard communication labeling update requirement for end users.
Talk #3—Workplace Violence Prevention: 5 Tips for Implementing Policies that Work
Workplace violence is a serious threat to every workplace, both here in California and across the country. It is virtually impossible to remove every threat, but there are measured, proactive, and most importantly, effective steps your workplace can take to reduce the risk of workplace violence. This talk will reveal 5 strategies you can immediately implement to make your worksite a safer place to be.
Networking & Refreshments Break
9:10 – 9:30 a.m.
Returning Employees Back to Work Swiftly and Safely: Strategies for Managing Fitness for Duty Assessments and Light-Duty Accommodations under ADA/FEHA
9:30 a.m. – 11:00 a.m.
Presented by: Karen Capasso, Esq. and Christopher Romero, Esq., Smith Law Offices, LLP
When an employee is injured or suffers an illness as the result of an occupational-related hazard, accident, or some other cause, it’s important for the safety and HR teams to evaluate whether, when, and in what capacity the worker can return to work, whether to full duty or with light-duty restrictions or other accommodations. On the one hand, by returning the worker to duty sooner, you may reduce exposure to workers’ compensation liability in the event that the employee’s condition is due to an industrial injury or occupational exposure to a harmful agent. But, on the other, if an employee returns to work too soon, he or she may be at risk for re-injury. Plus, it’s important to balance your organization’s practical considerations with your legal obligations and rights under California and federal law.
This intensive session is designed to walk you through the return-to-work process here in California, so you’re prepared to deal with potential challenges associated with administering fitness for duty examinations and providing light-duty accommodations.
When a fitness for duty examination should be requested
The types of medical records available to employers and what’s off limits
How to tell if a worker is or is not a candidate for returning to work
Your obligations to grant reasonable accommodation under the state’s Fair Employment and Housing Act
Legal strategies for managing injured or sick employees’ return-to-work
The Rules of Safety Engagement: How to Get the Buy-In You Need to Boost Your Safety Culture to a World-Class Level
11:10 a.m. – 12:10 p.m.
Presented by: Thomas E. (Ted) Boyce, Ph.D., Center for Behavioral Safety, LLC
Building and maintaining an exemplary safety culture is no small feat. In fact, organizations face several challenges on the road to success. Cal/OSHA 2017 closes with some cultural “food for thought”—a case study on the types of challenges one California company faced in taking its safety culture from “good” to “great” and, most importantly, how it overcame its challenges to ultimately achieve success.
Please contact the event manager Marilyn below for the following:
- Discounts for registering 5 or more participants.
- If you company requires a price quotation.
Event Manager Contact: marilyn.b.turner(at)nyeventslist.com
You can also contact us if you require a visa invitation letter, after ticket purchase.
We can also provide a certificate of completion for this event if required.
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at The Westin South Coast Plaza
686 Anton Blvd
Costa Mesa, United StatesThe Westin South Coast Plaza