Cal/OSHA Summit 2017

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The Westin South Coast Plaza, Costa Mesa

686 Anton Blvd.

Costa Mesa, CA 92626

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Cal/OSHA Summit 2017: Leading-Edge Strategies for Exceptional Safety Management and Compliance in California

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

  • And more

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.

Learn more at http://store.blr.com/cal-osha-summit!

2017 Agenda

Tuesday, October 10 | Main Conference

Registration & Breakfast
7:00 a.m. – 8:00 a.m.

Welcome Remarks
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.
You’ll learn:

  • 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

Lunch (Provided)
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 $126,750.

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.
Presented by: Shelley Scalzo Brown and Frederick Porter, AECOM
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.

You’ll learn:

  • 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
5:10 p.m.

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.

Workplace Violence Prevention: 5 Tips for Implementing Policies that Work
8:00 a.m. – 9:10 a.m.
Presented by: Jeff Zisner, CPP, AEGIS Security & Investigations Inc.
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.

Intensive Workshop
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.

You’ll learn:

  • 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

  • And more!

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.

Conference Closes
12:10 p.m.

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The Westin South Coast Plaza, Costa Mesa

686 Anton Blvd.

Costa Mesa, CA 92626

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