THURSDAY, SEPTEMBER 17, 2015

WORKPLACE SAFETY SYMPOSIUMMANAGING OSHA LIABILITY IN A DANGEROUS WORLD

PRESENTED BY

8:00-8:45 am Registration and Breakfast

8:45-9:00 am Welcome and Opening Remarks David E. Jones, Chair, Workplace Safety and Health Practice Group (Atlanta)

9:00-10:00 am OSHA’S “SHAMING” INITIATIVE CONTINUES—WHAT IS IT LIKE TO BE IN THE EYE OF THE “ENFORCEMENT STORM”?

OSHA continues to issue citations with high penalties accompanied by damaging press releases intended to “shame” employers, while also pushing the envelope with novel legal theories and enforcement programs. This panel will discuss these tactics, featuring representatives from employers that have experienced this kind of enforcement. Practical tips for dealing with multiple stakeholders—from frontline supervisors to OSHA compliance officers to CEOs—will also be addressed.

Moderator: David E. Jones (Atlanta) Panelists: Anne E. Frueh, Senior Corporate Counsel, Tenneco Automotive Operating Company Inc. (Lake Forest, IL) Ken Flechler, Chief Administrative Officer, Pike Corp. (Mount Airy, NC), Kevin D. Bland (Orange County, CA) 10:00-10:45 am OSHA AND THE COURTS: WHAT YOU NEED TO KNOW BEFORE YOUR NEXT CONTACT WITH OSHA

The Occupational Safety and Health Review Commission and the U.S. Courts of Appeals issue rulings that can have a significant impact on OSHA’s enforcement authority. These decisions take time to filter down to Regional and Area Offices, but can be helpful in forming litigation strategies and negotiating favorable settlements with OSHA. Key recent decisions will be reviewed during this fast-paced session.

Moderator: John F. Martin (Washington, DC) Panelists: Dean F. Kelley (Milwaukee) Donelle R. Buratto (Detroit (Metro)) Shontell Powell (Washington, DC)

10:45-11:15 am Break

11:15-12:15 pm RECORDKEEPING AND REPORTING: SO MANY CHANGES, BUT WHAT DO THEY ALL MEAN?

Some of the most significant regulatory revisions implemented by OSHA involve reporting and recordkeeping. These sweeping changes put more data at the fingertips of OSHA, union organizers, and plaintiffs’ attorneys. One result has been more OSHA inspections. How are companies coordinating their responses to OSHA, and what effect will the new requirements have on OSHA liability for companies with multiple facilities?

Moderator: Tracey Truesdale (Chicago) Panelists: Chris D. Mitchell, Senior Counsel, Tyson Foods (Springdale, AR) John Slager, Risk Management and Safety, The Kroger Company (Cincinnati) Mark Gully, Corporate Safety Manager, The Kroger Company (Cincinnati) John C. Artz (Pittsburgh)

12:15-1:45 pm Lunch with Special Guest Honorable G. Marvin Bober (administrative law judge, Ret.)

1:45 – 2:00 pm Break

2:00-3:00 pm YOUR OSHA CITATION RECORD: THE HIDDEN COSTS OSHA citations can impact your company’s bottom line more than ever. The White House announced that workplace safety records would be a factor in selecting government contractors. In the private sector, many customers employ compliance management companies—such as ISNetworld, PEC Safety and others—that evaluate contractors’ and suppliers’ OSHA compliance and citation history. This panel will discuss the latest developments and what you can do to minimize the risk of losing your best customers because of an OSHA citation.

Moderator: James A. Lastowka (Washington, DC) Panelists: Lonnie Hobbs, Vice President of Litigation, Key Energy Services (Houston) William J. Donohue, Associate General Counsel, Environmental, Health & Safety, Exelon Corporation (Philadelphia) John F. Martin (Washington, DC)

Featuring members of the Ogletree Deakins Workplace Safety and Health practice group, in-house counsel, and corporate safety directors.

3:00-3:15 pm Break

3:15-4:15 pm TEMPORARY AND SEASONAL WORKERS: ARE YOU A JOINT EMPLOYER? OSHA’S COMPLIANCE GUIDANCE AND WHAT IT MEANS

OSHA has issued compliance guidance purporting to describe the legal obligations of host employers and staffing agencies with regard to safety standards. In this guidance, OSHA is clearly attempting to establish that the staffing agency and host employer are joint employers for purposes of OSHA compliance. Can the agency stretch the OSH Act this far? Equally important is the question of how you structure your safety programs to minimize OSHA liability. This session will include practical tips for host employers and staffing agencies.

Moderator: Eric P. Berezin (Atlanta) Panelists: James Stewart, Manager Risk & Facilities, ManpowerGroup (Milwaukee) Joseph F. Tommasi, Corporate Director of Safety, The Davey Tree Expert Company (Kent, OH) Frank D. Davis (Dallas)

4:15-4:45 pm RECORDKEEPING—JEOPARDY STYLE!

Few OSHA issues present the off-the-wall fact patterns that come up regularly when it comes to recordkeeping. Watch contestants from the audience vie for exciting prizes by answering recordkeeping questions while picking up practical tips for navigating this complex issue.

Moderators: Melissa A. Bailey (Washington, DC) John C. Artz (Pittsburgh)

4:45-5:00 pm Closing Remarks

6:00-8:00 pm Cocktails and Dinner

FRIDAY, SEPTEMBER 187:30-8:45 am Breakfast

8:00-8:45 am SPECIAL BONUS SESSIONS—STATE PLANS

State OSHA plans often present unique issues, ranging from different standards, to procedural quirks, to identifying the key players. Please join us for one of these bonus state sessions and learn what you need to know to effectively deal and negotiate with state OSHA plans.

California: Kevin D. Bland (Orange County, CA) The Carolinas and Tennessee: H. Bernard Tisdale (Charlotte) and William S. Rutchow (Nashville) Michigan: Donelle R. Buratto (Detroit (Metro)) Washington, Oregon, Utah and Wyoming: David L. Zwisler (Denver) and Shontell Powell (Washington, DC)

8:45-9:00 am Break

9:00-9:45 am NAVIGATING A WORKPLACE DISASTER

A workplace catastrophe raises issues with a variety of stakeholders, including OSHA and other government agencies, employees, labor unions, customers, and the local community. Dealing with these different groups as a crisis unfolds can challenge even the strongest management teams. Are you ready? We will discuss strategies for developing a crisis management plan, organizing corporate and external assets to address the crisis, developing root causes, and addressing employment concerns, customer relations, and government investigations.

Speakers: Charles G. Bakaly III, Senior Counselor & Director, National Litigation Communications Practice, Edelman (New Orleans, LA) Melissa A. Bailey (Washington, DC) Phillip B. Russell (Tampa)

9:45-11:00 am WORKSHOP: HOW WOULD YOU RESPOND IN A WORKPLACE CATASTROPHE?

Using a scenario based on actual experiences, attendees will participate as team members in the control room of the company workplace crisis center as the emergency unfolds. Your mettle will be tested in the crucible of a catastrophe: Can you guide your company through the chaos? At the conclusion, you will be prepared to be a steady and thoughtful leader for your company should a real disaster strike.

Facilitators: Charles G. Bakaly III, Senior Counselor & Director National Litigation Communications Practice, Edelman (New Orleans, LA) Melissa A. Bailey (Washington, DC) Phillip B. Russell (Tampa)

11:00-11:15 am Closing Remarks

LOCATION: InterContinental Hotel Chicago • 505 North Michigan Avenue • Chicago, IL 60611 • (312) 944-4100

RSVP: Amy Kim at (202) 263-0165 or amy.kim@ogletreedeakins.com or online at ogletreedeakins.com/our-programs

COST: $495 per person for registration.