WEDNESDAY, DECEMBER 5, 20182:00 – 4:00 p.m. PRE-CONFERENCE BONUS SESSIONS OSHA 101: A PRIMER

In this session, a panel of experienced attorneys will cover the basics of the Occupational Safety and Health Administration (OSHA): how the agency works, its authority and limits, how inspections are triggered and conducted, citations and the contest/appeal processes, and more. In short, participants will get a soup-to-nuts overview of what they need to know to deal with an OSHA issue when it arises, along with an ample opportunity to ask questions. The session will also touch on differences employers will see between the federal OSHA system and state plans.

PROCESS SAFETY MANAGEMENT: MANAGEMENT OF CHANGE IS MORE THAN A TERM OF ART The world of process safety management (PSM) continues to change every year. This presentation will provide an update on recent developments in PSM-related enforcement and OSHA interpretation, as well as discuss what employers covered by the standard should be concerned about and focused on, particularly in light of OSHA’s continuing PSM National Emphasis Program and the agency’s inspections under it and related programs. HOW IS OSHA UNDER THE TRUMP ADMINISTRATION APPROACHING ENFORCEMENT ON CONSTRUCTION WORKSITES?

Construction employers work under different OSHA standards from other industries and on ever-changing worksites. The panelists in this session will discuss the practical implications of OSHA’s policies and approaches under the Trump administration, including the issues construction employers must address on multi- employer worksites.

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

WORKPLACE SAFETY SYMPOSIUM

DECEMBER 5-7, 2018 • JW MARRIOTT PRESENTED BY

WALKING THE MINEFIELD OF OCCUPATIONAL SAFETY AND HEALTH COMPLIANCE UNDER A “NEW” OSHA

N A S H V I LLE , T N

THURSDAY, DECEMBER 6, 20188:00 – 8:30 a.m. Registration and Breakfast

8:30 – 8:45 a.m. Welcome and Opening Remarks 8:45 – 9:15 a.m. THE MIDTERM ELECTIONS: WHAT IMPACT WILL THE NEW CONGRESS HAVE ON FEDERAL REGULATION AND ENFORCEMENT? What will the results of the midterm congressional elections mean for federal regulation and OSHA enforcement? Ogletree Deakins’ senior government relations counsel, Jim Plunkett, will consider those issues and others, and gaze into his crystal ball to suggest what the future might hold for the world of workplace safety. 9:15 – 10:00 a.m. WHAT’S NEW AT OSHA? Many employers and safety professionals were optimistic when President Trump was elected, expecting a shift away from what some had called OSHA’s “name and shame” policy. But it took nearly a year for the president to nominate (and then renominate) an OSHA chief, whose confirmation hearing stalled in the Senate. What, if anything, has changed? The panelists will discuss what they are seeing in OSHA enforcement, as well as strategies, litigation, and settlement trends.

10:00 – 10:45 a.m. WHAT DO YOU MEAN FEDERAL OSHA DOESN’T HAVE JURISDICTION HERE? A 10,000-FOOT VIEW OF THE DIFFERENCES BETWEEN FEDERAL AND STATE OSHA PLANS

OSHA has “boots on the ground” for the regulation of private sector employers in only 27 states. The other 23 states have state OSHA plans. Some of those plans were in place before the Occupational Safety and Health Act (OSH Act) was passed in 1970. All of them are overseen by federal OSHA and must meet OSH Act standards. But each plan has its own idiosyncrasies and differences. The panel will provide an overview of the differences and discuss what employers can expect when dealing with state plans.

10:45 – 11:15 a.m. BREAK

11:15 a.m. – 12:15 p.m. HOW DOES AN EMPLOYER ON A MULTI-EMPLOYER WORKSITE BEST INSULATE ITSELF FROM LIABILITY ON AND BEYOND THE WORKSITE? For the first time since the series of cases referred to as Summit Contractors, a high court in the United States is considering the liability of “controlling” employers for other employers’ safety violations on multi-employer worksites. Meanwhile, OSHA continues to take an expansive view of which employers on a worksite can be cited for alleged violations. In addition, the era of ISNetworld and similar information-gathering and reporting entities has made some employers more sensitive to their OSHA citation records and to the citation records of other employers. How should an employer manage compliance on multi-employer sites? And how best can it protect itself from exposure to citations and other liabilities, including loss of business opportunities, based on citation history? Our panel will address these topics and related issues, and offer practical tips on mitigating exposure. 12:15 – 1:45 p.m. LUNCH AND SPECIAL PROGRAM: THE CHALLENGES AND OPPORTUNITIES OF MANAGING AND TRAINING MILLENNIALS IN THE WORKFORCE Attracting, training, and motivating the newest members of our safety workforce is not always an easy task. Members of the millennial generation may view and respond to events and situations in a very different manner from past generations. But these workers can offer great energy, insight, and creativity. Our speaker is an authority on this subject, and he will offer practical suggestions on how to choose, manage, and mentor millennials in the workplace.

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

1:45 – 2:15 p.m. BREAK 2:15 – 3:15 p.m. FITNESS TRACKERS, WI-FI, AND GPS, OH MY! CAN THE LATEST TECHNOLOGY HELP ADVANCE SAFETY . . . LAWFULLY? Wireless technology, smartphones, wearables, and other technological advances have worked their way into the world of workplace safety. But are they all they’re cracked up to be? And can they be used without unlawfully invading employees’ privacy or running afoul of the Americans with Disabilities Act (ADA) or state-specific laws that, for instance, limit employers’ use of biometric technology and its resultant data? The panel will discuss some of the high-tech options available to employers and the legality of their use.

3:15 – 4:15 p.m. GENETIC PREDISPOSITION, PHYSICAL CONDITIONING, AND DRUG ADDICTION: WHAT ROLE DO PERSONAL MEDICAL CONDITIONS PLAY IN SAFETY COMPLIANCE AND ENFORCEMENT? If an employer is aware that an employee is predisposed to heart attacks, has an addiction, is simply out of shape, or has some other medical condition, does the employer have a greater obligation under the General Duty Clause of the OSH Act? A few recent cases suggest that OSHA views the employer’s burden in such cases to be heavier. Is that a sound position, and if so, what does it mean practically? Does an employer then have an obligation to do “due diligence” in order to know which of its employees might require special handling or care? And what other laws might be implicated by doing such due diligence? The panel will consider those issues and offer employers a framework for taking them into account. 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 the world of workplace safety. 4:45 – 5:00 p.m. Closing Remarks FRIDAY, DECEMBER 7, 2018

8:00 – 8:45 a.m. Breakfast

8:45 – 9:00 a.m. Day Two Kickoff 9:00 – 9:45 a.m. THE BODY OF AN OSHA INSPECTION: WHAT FORMS MIGHT IT TAKE, AND WHAT DIFFERENCE DOES THAT MAKE? Most safety professionals have to manage only a handful of OSHA inspections during their careers. But inspections by federal OSHA and state plans can take on many forms based on different triggers, including whether an injury or fatality was involved, the employer’s inspection and citation history, the role of the company’s union, whether there might be implications of criminal liability, and other factors. Inspections also can take sharp turns, detours, and trips down rabbit holes. Then there are the personalities and philosophies of the various area offices and state plans, and even of individual compliance officers. This session will consider the many paths an inspection may take, with a view toward preparing employers for the twists and turns they hope never to face. 9:45 – 11:00 a.m. INTERACTIVE TEAM SESSION: THE BODY OF AN OSHA INSPECTION: MANAGING THE TWISTS AND TURNS This interactive program will lead attendees through an OSHA inspection—from start to finish— and consider the variables that make almost every inspection unique. What should an employer do from the outset? How should it react to changing circumstances, including the possibility of having to go to trial or face a criminal investigation or even prosecution? Those are just a few of the issues attendees will consider as they strategize and execute their game plans.

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

LOCATION: JW Marriott Nashville • 201 8th Avenue South • Nashville, TN 37203 • (615) 291-8600

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: $595 per person