Learn how to effectively and properly conduct a workplace investigation while keeping the company protected.
A workplace is changed in an instant when an accident occurs, especially accidents involving fatalities or catastrophic injuries. A typical day quickly transforms into one that can devastate other employees, cause chaos in your operations, and throw the company immediately into a legal morass. Preparedness is critical in addressing workplace accidents efficiently and effectively. Accidents and all other circumstances that prompt OSHA investigations must be planned for ahead of time. This planning ensures that the company and its key actors likely to be involved in an accident response will know what to do immediately in dealing with the unexpected. OSHA investigations following accidents can give rise to very serious legal consequences. Civil penalties can be extremely costly. Accidents can give rise to civil liability, citations, claims, or charges by OSHA, the injured employee(s) and/or victim(s), other employees, or third parties. Even criminal prosecutions are a possibility in extreme circumstances.
No OSHA investigation is routine, and it is impossible to write a script for how every investigation will unfold. However, there are key considerations and common themes that this topic will cover to ensure that you and your company are as prepared as possible for an OSHA investigation. This presentation provides a review of the information and procedures that can help a company through an OSHA investigation. Many of these concepts are transferable to responses to other types of incidents or any inquiry into how well the company has met the requirements of law. This topic is a starting point for those who are new to managing OSHA compliance, and a refresher for those who have experience with OSHA enforcement activities.
Learning Objectives
- You will be able to describe best practices for dealing with co-workers, families of injured employees/victims, media and law enforcement following a workplace accident.
- You will be able to analyze potential areas for litigation, charges or claims following a workplace accident.
- You will be able to identify ways to minimize your potential OSHA liability and disruption to the workplace.
- You will be able to recognize when an OSHA investigation is not going well and what to do about it.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
| What to Do When OSHA Is at Your Door | |
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| Elements of OSHA Investigations | |
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| Additional Considerations for Fatality or Catastrophe OSHA Investigations | |
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
Live Webinar Registration
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NJ CLE 1.8
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
- WI CLE 1.5
- This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
HR Certification Institute 1.5
- This program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.5
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP.
CPE 1.8 including Personnel/HR 1.8
- Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
Who should attend?
This live webinar is designed for human resource directors, safety directors, insurance claims representatives, benefits professionals, risk managers, occupational health nurses, business owners and managers, controllers, CFOs, and attorneys.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Jaslyn W. Johnson
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Associate at Ogletree, Deakins, Nash, Smoak & Stewart P.C., Atlanta, GA
- Represents and advises employers on workplace safety and health matters; her practice includes providing guidance on federal OSHA state OSHA compliance, challenging citations, and litigating OSHA-related matters before federal and state agencies and courts
- Prior to joining Ogletree Deakins, she served as a trial attorney in the Office of the Solicitor for the United States Department of Labor where she litigated cases on behalf of U.S. Department of Labor agencies, including OSHA and MSHA, in federal district courts and federal administrative courts, including the Occupational Safety & Health Review Commission and Federal Mine Safety and Health Review Commission
- Previous experience includes providing pre-litigation legal, strategic and investigative assistance to both OSHA and MSHA
- Can be contacted at https://ogletree.com/people/jaslyn-w-johnson/
Phillip B. Russell
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart P.C., Tampa, FL
- Board certified in labor and employment law by the Florida Bar; he is a practical labor and employment lawyer who represents businesses in a wide range of labor and employment law matters, including workplace safety and health (OSHA), traditional labor relations (staying union-free), unfair competition and trade secrets litigation, employment litigation defense, and advising and counseling employers on workplace legal compliance issues
- Represents clients in the construction, staffing, technology, manufacturing, banking, and other industries
- A nationally recognized speaker and author on labor and employment law issues
- In 2015, he celebrated his 20th year of practicing law
- Achieved the highest rating in the Martindale-Hubbell Law Directory; rated among the top 5% of lawyers by Florida Super Lawyers (Thompson Reuters), and is listed in Best Lawyers® by U.S. News and World Report
- J.D. degree, Stetson University; B.S. degree in management and M.S. degree in economics, Georgia Tech
- Can be contacted at https://ogletree.com/people/phillip-b-russell/
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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