1 Cal/OSHA Summit 2019 *** LIMITED TIME OFFER: FREE $100 AMAZON GIFT CARD! *** REGISTER TODAY! October 7-9, 2019 Los Angeles CONFERENCE SNAPSHOT: Cal/OSHA Summit 2019 is the leading state-specific event for California employers and safety professionals to get cutting-edge developments on new safety regulations, compliance strategies, and management tactics. The leading safety conference for California safety professionals is back for 2019! Attendees of Cal/OSHA Summit 2019 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 Network with peers and industry experts alike 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 Leave with a powerful action plan to protect their workforce in 2019 and beyond Who Should Attend Cal/OSHA Summit 2019? Safety Directors Risk Management Directors EHS Managers Health & Safety Officers Facilities Supervisors Vice Presidents Quality Assurance Managers Safety Coordinators Safety, Health and Environmental Specialists Safety Attorneys Loss Control Specialists Business Owners Compliance Specialists Corporate Safety Professionals AGENDA Pre-conference Workshops October 7, 2019 Choose an all-day training or AM/PM workshops. Full-Day Master Class Cal/OSHA Injury & Illness Recordkeeping, Reporting, and Anti-Retaliation Requirements 8:30 a.m. 4:30 p.m.
2 (Lunch on your own; refreshment breaks from 10:30 a.m. 10:45 a.m. and 2:30 p.m. 2:45 p.m.) Presented by: Andrew Sommer, Esq. and Lindsay DiSalvo, Esq., Conn Maciel Carey LLP Cal/OSHA s injury and illness recordkeeping standards create challenges for many California employers. From determining which injuries and illnesses must be recorded, to maintaining and updating records properly and adhering to posting and notification obligations, the rule encompasses a number of complex requirements that many organizations struggle to manage. And with the new electronic recordkeeping requirements that recently took effect in 2017, the stakes for noncompliance are now higher than ever, as OSHA will have access to a vast amount of establishment-specific data that the agency can use to target enforcement efforts. This full-day intensive training will cover: The purpose and overview of Cal/OSHA s Recordkeeping and Reporting Occupational Injuries and Illnesses rule (8 CCR 14300), including the latest on implementation of Electronic Recordkeeping rule The anti-retaliation provisions under California law and fed OSHA s E-Recordkeeping Rule, and their practical impact on reporting procedures, incentive and discipline programs, post-accident drug testing and Section 11(c) rights The similarities and differences between Cal/OSHA and Fed OSHA s E-Recordkeeping Rule, including which employers have to submit data, what data must be submitted, and how anti-retaliation is addressed Recent changes to Cal/OSHA s continuing violation rule, and application of the federal OSH Act with respect to enforcement of recordkeeping rule Regulated companies and industries, temporary agencies and union hiring halls: Understanding the recordkeeping and reporting requirements that apply to each type of entity, the limited exemptions for small businesses, low-hazard industries, and how OSHA recordkeeping and workers compensation laws interface, and more What is recordable? The differences between first aid and medical treatment, how to determine whether an injury or illness is work-related, and more What is immediately reportable as a Serious Injury, and how to deal with Cal/OSHA incident investigations under 8 CCR 342 Cal/OSHA 300, 301 and 300A forms: Who must complete the forms, best practices for completing them correctly, and how to avoid certifying inaccurate recordkeeping data Most common Cal/OSHA injury and illness recordkeeping mistakes to avoid, and tips for effective root cause incident analysis to ensure accurate reporting Best practices for non-mandatory records and documentation, including principles of legal privilege for safety audits, consultant recommendations, record retention and destruction policies, under federal and state law AM Pre-conference Workshop Developing True Safety Performance Indicators: Best Practices for Measurement 8:30 a.m. 11:30 a.m. (Refreshment break from 10:30 a.m. 10:45 a.m.) Presented by: Barry Spurlock, Esq., CSP, Safety Change Agents and Crump Spurlock Attorneys Despite what many organizations think, their stated safety key performance indicators (KPIs) are not performance indicators at all. Unfortunately, this is true even with some organizations that have embraced and even implemented leading measures. This workshop is designed for participants looking for measurement strategies that will drive superior safety performance. Key elements of an organization-wide safety performance measurement strategy will be covered, along with tips for developing leading measures that can be used on corporate/enterprise-wide scale. Our facilitator, a seasoned safety
3 attorney and safety-change agent, will teach strategies for using risk reduction as core performance metric. Participants will learn to distinguish the roles that KPIs and key results indicators (KRIs) play in measuring safety. This session is perfect for practitioners looking for safety performance and measurement strategies that go far beyond the status quo! After completing this session, you ll be able to: Distinguish key performance indicators and key results indicators in safety Strategically identify what matters most for safety performance within an organization Prescribe a strategy to evaluate the efficacy of safety measures Proficiently articulate the limitations of traditional, lagging indicators of safety performance Develop a fundamental strategy for improving existing safety measures to drive superior safety performance within an organization; Lunch on your own 11:30 a.m. 1:00 p.m. PM Pre-conference Workshop Active Shooter Assailant: Threat Assessments and Prevention, Mitigation and Response Planning in the Wake of Cal/OSHA s Impending Rule for Workplace Violence in General Industry 1:00 p.m. 4:00 p.m. Presented by: Hector Alvarez, CTM, MS, Alvarez Associates LLC Recent data from both the FBI and Secret Service indicate that while active shooter events are still rare, they are happening more frequently and with more significant impacts. The same research also indicates that it is very often the case that the attacker displayed many warning signs and concerning behavior in advance. It s important for organizations to understand what these warning signs are and to prepare for the unlikely event that an attack will occur at their facility or organization. Right now, Cal/OSHA is considering a rule addressing workplace violence in general industry. This comprehensive workshop will keep you up to date on where the rule stands and discuss warning signs and behavioral patterns that research indicates exist prior to an attack as well as how to incorporate strategies and methodologies for preventing, preparing and if necessary, responding to these critical incidents. You ll learn: History, trends, and dynamics of active assailant incidents and the profile of the active assailant How to build a survivor s mindset and how to manage fear and anxiety Strategies and resources for keeping the workplace safe How to leverage facility vulnerabilities assessments, recognize pre-incident indicators, and review the dynamics of targeted violence Myths and realities about threat assessment The role of the M.O.V.E. options-based response protocol and practical scenarios demonstrating its effectiveness Tips for establishing time to take action and distance How to use common building items for shelter What to expect from law enforcement and recovery consideration Main Conference (Day 1) October 8, 2019 Registration & Breakfast 7:00 a.m. 8:00 a.m. Welcome Remarks 8:00 a.m. 8:05 a.m.
4 New Safety Regulations in California and Beyond: The Latest Updates and Trends Impacting Compliance and Risk Management 8:05 a.m. 9:35 a.m. Presented by: Ben Kim, Esq., Nixon Peabody LLP What are the top safety compliance priorities for the Division of Occupational Safety and Health, the Appeals Board, and the Standards Board in California? What new regulations can we expect and how will they impact your business? You ll get answers to these questions and more. Cal/OSHA 2019 kicks off with critical updates on new court rulings, policy initiatives, regulatory enforcement, and training requirements under federal OSH A and Cal/OSHA. Refreshments and Networking Break 9:35 a.m. 9:55 a.m. Compliant and Effective Cal/OSHA Safety Training 9:55 a.m. 10:55 a.m. Presented by: Dick Monod de Froideville, MPA, Industrial Hygienist/Safety Engineer EHS professionals can choose from a variety of safety training content and delivery methods, including online or elearning, hands-on, and many emerging technologies. But which ones are compliant with Cal/OSHA training requirements, and how can you verify their effectiveness? Do you know which Cal/OSHA standards specify required trainer qualifications and how to evaluate whether a training provider meets these requirements? In many cases, using just a single training method or failing to properly assess the quality of your training program could leave you exposed to violations. This session will cover: How your training programs measure up to Cal/OSHA s IIPP and standard-specific training topics The most common Cal/OSHA training compliance mistakes and how to correct them Five essential (and required) elements of a compliant and effective safety training program How to Implement a California-Compliant Drug Testing, Safety Incentives, and Antiretaliation Programs 11:00 a.m. 12:00 p.m. Presented by: Andrew Sommer, Esq. and Lindsay DiSalvo, Esq., Conn Maciel Carey LLP The legalization of medical and recreational marijuana use has created a complex web of compliance concerns for California employers as they try to navigate drug testing policymaking and substance abuse management in the workplace. A sweeping opioid abuse epidemic further compounds these challenges, requiring that employers maintain a delicate balance between business objectives, employee rights, and ADA/FEHA requirements. It's in an employer's best interest to be proactive on these issues. In addition, California maintains vigorous anti-retaliation laws barring employers from terminating or otherwise taking adverse employment actions against employees for complaining or apprising employers of workplace safety concerns, including reporting injuries. Under these laws, certain types of post-accident drug testing could be considered illegal retaliation against employees who report injuries or safety concerns, and may even impact safety incentive programs that could be seen as inhibiting injury reporting. This session will provide practical information and strategies to address these sensitive and increasingly prevalent workplace issues by examining: When an employer may conduct drug testing on prospective and current employees, with an emphasis on California law Recommendations for developing a drug-testing program designed to give you the information you need to make informed and legal hiring and other employment decisions Circumstances where post-accident drug testing and investigation may be considered
5 illegal retaliation under California law Tips for assessing your drug testing and other safety programs for compliance with applicable anti-retaliation laws Lunch (provided) 12:00 p.m. 1:00 p.m. Heat Stress: How to Protect Employees and Ensure Compliance with Applicable Requirements 1:00 p.m. 2:00 p.m. Presented by: Allen Pruitt, Portacool Every year, thousands of workers are exposed to heat on the job created by environmental conditions, clothing and workload. In addition, according to the EPA, we have experienced record high temperatures globally over the last three years. Combined, these factors create a recipe for negatively impacting worker safety and productivity. In addition, exposing employees to heat stress hazards can lead to costly mistakes, from lost time due to illness and even death to citations and fines. According to the EPA, more than 1,300 deaths in the United States are attributed to extreme heat annually. During this session, Portacool s industrial sales manager will take a deeper dive beyond the basics of water, rest, shade as the minimal fundamentals of reducing heat stress. Heat-related illness prevention is most effective when management commits to identifying and reducing exposure to heat hazards. You ll learn how to: Protect employees from heat stress while assisting customers in increasing productivity while staying up to date with new Cal/OSHA heat stress regulations Recognize heat stress factors Ensure proper hydration Prevent heat stress illnesses in the workplace Conduct a site assessment to determine your organization s vulnerability to heat stressrelated illnesses Prepare to comply with Cal/OSHA s expected indoor heat standards Develop a comprehensive, compliant HIPP (heat injury prevention program) Opioids, Workers Comp and Return to Work: Best Practices for Staying Compliant under ADA/FEHA s Reasonable Accommodation Provisions While Maintaining a Safe Working Environment 2:05 p.m. 3:05 p.m. Presented by: Kelly Gemelli, Esq. Jackson Lewis P.C. Light duty and return-to-work programs offer many benefits, both for employees and for an organization s bottom line: they can help an organization lower its direct and indirect workers compensation costs, improve employee morale, boost productivity, and much more. But, to provide these benefits, a return-to-work program must be carefully designed and implemented. A worker who returns too quickly following an injury or illness can be at risk for exacerbating or reinjuring the condition, and employers must balance many different legal obligations under the ADA/FEHA, OSHA and Cal/OSHA, FMLA/CFRA, and California workers compensation laws. This session will teach you how to design and maintain a successful return-to-work program that balances all of these considerations. You will learn how to: Identify the benefits of an effective light duty/rtw program that doesn t misstep under California or federal law Balance the interplay of legal obligations surrounding workers compensation, ADA/FEHA, FMLA/CFRA, OSHA, and Cal/OSHA as they relate to light-duty/rtw programs Legally inquire and evaluate whether an employee taking prescription opioids to treat pain can safely return to the job
6 Implement best practices and avoid common challenges in designing and implementing an effective light duty/rtw program Analyze whether and what reasonable accommodations would permit an employee to return to work Identify the roles of frontline supervisors, employees, HR, and other key parties in managing the return-to-work process successfully Refreshments and Networking Break 3:05 p.m. 3:25 p.m. Effective Injury and Illness Prevention Plans: Strategies to Comply with Cal/OSHA s Most Violated Standard 3:25 p.m. 4:25 p.m. Presented by: Lisa Prince, Esq., Walter & Prince LLP California law requires all employers to develop and implement written and effective injury and illness prevention plans (IIPPs). This is a mandatory requirement, but year after year it continues to be Cal/OSHA s most violated standard. What makes this compliance requirement so challenging to meet? This session will teach you how to: Create and develop an effective program for educating and empowering all employees in reducing or eliminating accidents and incidents Use risk assessment, employee engagement and communication, and active leadership support and involvement for IIPP success Implement the program to avoid incidents and Cal/OSHA citations Create the documentation necessary to defend a citation of the IIPP regulation Use the IIPP documentation to develop other defenses to Cal/OSHA citations The Latest Top Cal/OSHA Violations and Trends in Cal/OSHA Enforcement 4:30 p.m. 5:15 p.m. Presented by: Jenifer Kienle, Esq., Lewis Brisbois Bisgaard & Smith LLP Cal/OSHA continues to pose operational and compliance challenges for employers. Inspections are becoming more burdensome and Serious Citations are trending up. These challenges will only continue as Cal/OSHA considers and implements new standards. Meanwhile, enforcement initiatives are bringing a new focus on particular industries and hazards. Is your business under enhanced scrutiny? This session will: Describe these trends and other regulatory developments under Cal/OSHA Discuss recent, important decisions from California s Occupational Safety and Health Appeals Board Provide best practices and practical solutions for avoiding and handling Cal/OSHA violations and enforcement action Give you tips on to bolster the aspects of your safety program that are most vulnerable to OSHA enforcement Main Conference (Day 2) October 9, 2019 Breakfast 7:15 a.m. 8:00 a.m. Breakfast and Learn 7:30 a.m. 7:45 a.m. Lockout/Tagout, Machine Guarding, and the Minor Servicing Exception How to Meet Production Goals, Stay Compliant, and Keep Workers Safe 8:00 a.m. 9:10 a.m. Presented by: Jay Jamali, CSP, CHMM, CHCM, Enviro Safetech According to federal OSHA, workers who operate and maintain machinery suffer 18,000 amputations, lacerations, crushing injuries, and abrasions per year in addition to over 800 deaths. Additionally, the lockout/tagout standard is consistently on Cal/OSHA s list
7 of the top 10 most frequently cited standards. Does your safety program effectively protect workers when they are exposed to moving machine parts and hazardous energy? If you have not developed effective machine guarding and lockout/tagout programs, your workers are at risk of injury and you may be subject to costly Cal/OSHA citations in the event of an inspection. This presentation will cover the regulatory requirements and best management practices to comply with state and federal law. You ll learn how to: Develop your written program Train authorized persons Write equipment specific procedures Select LOTO devices Perform periodic inspections Networking Break and Raffle 9:10 a.m. 9:30 a.m. Job Hazard Analysis and Risk Assessments 9:30 a.m. 10:30 a.m. Presented by: Erin Silva, CSP, ICW Group More than ever employers and supervisors are being held liable for not adequately assessing the hazards in the workplace. Hazard assessment and hazard control carry some of the highest penalties and serious citations from Cal/OSHA. The cost of accidents can be much more expensive than the penalties and citations. This session features a group exercise that will teach you how to protect yourself from the high cost of accidents and penalties, and how to enable your supervisors to keep workers safe with continual safety improvements through risk assessments and job hazard analysis (JHA). You ll learn: The key differences between a risk assessment and a JHA The importance of recent litigation, court rulings, and other important regulatory information The ultimate cost of not performing hazard assessments What to assess and when Real-life examples of how leading and lagging indicators factor in How to close the loop with continual observations and assessments How to create an effective JHA using the hierarchy of controls through a group activity! Human Factors and Employee Behavior: Assess, Measure, and Manage to Prevent Injuries and Foster a Culture of Safety 10:35 a.m. 11:50 a.m. Presented by: Laurie Knape, ASP, CSP, CLCS, Avetta Human performance and human factors are terms that some consider interchangeable. For others, these are two very different terms. While the science of human performance and human factors has been debated for over 30 years, this session will shed light on how humans relate to each other, equipment, and processes. You ll learn the impact of this interaction between human and system factors on an organization s safety culture. Plus, you ll learn: Who the leaders responsible for the organization s safety culture really are How to engage all workers in non-risk-taking behaviors to minimize the negative effects of fatigue, stress, complacency, and attitude on your efforts to maintain a safe work environment Practical pointers on going beyond behavior-based safety to maximize your results Essential key performance indicators to capture How to achieve compliance within the safety culture and sustain a strong safety culture Conference Adjourns 11:50 a.m.
8 Agenda and speakers subject to change. Your Conference Presenters Jenifer Kienle, Esq. Partner Lewis Brisbois Bisgaard & Smith LLP Jenifer Kienle is a partner in the Orange County office of Lewis Brisbois Bisgaard & Smith LLP and Chair of the OSHA Safety & Health Practice. She is an experienced trial attorney with expertise in defending national and California commercial enterprises in general liability claims including industrial and construction catastrophic personal injury and wrongful death claims and litigation. Jenifer developed the Firm's OSHA Health & Safety Practice to collaborate and consult with employers facing Cal-OSHA, Federal OSHA and whistleblower/retaliatory discharge complaints. Jenifer s OSHA team develops and helps implement safety training, compliance and successfully resolves OSHA complaints.
9 Lisa Prince, Esq. Partner Walter & Prince, LLP Lisa Prince is a partner at Walter & Prince, a Healdsburg, California law firm specializing in OSHA, crisis management and serious and willful misconduct defense. As a former civil litigator, she is a strong advocate, partnering effectively with the firm's clients to identify and achieve realistic litigation solutions. She works with employers, safety directors, risk managers, and human resources administrators to develop effective preventive safety programs that answer regulatory mandates. Ms. Prince is a dynamic and informative speaker on a wide range of topics related to workplace safety, weathering Cal/OSHA investigations and the Cal/OSHA appeals process. She has delivered presentations to organizations as various as State Compensation Insurance Fund, the American Society of Safety Engineers, HR Connections, AgSafe, the Sonoma County Employer Advisory Council, the National Safety Management Society and Associated General Contractors (AGC) With partner, Fred Walter, she is the author of the Workplace Safety chapter of the California State Bar publication Advising California Employers and Employees.
10 Erin Silva, CSP Sr. Risk Management Consultant ICW Group Erin Silva, CSP provides risk management services for ICW Group clients in Northern California and Northern Nevada. Her focus is on industry-specific risk identification, evaluation, and analysis to help clients reduce risk exposures, injury frequency, and severity. She assists clients across a spectrum of industries including, construction, manufacturing, health care, maintenance, trucking and agriculture. Prior to joining the ICW Group, she worked in various safety positions including facility maintenance, heavy civil and large vertical construction projects. Erin has traveled all over the United States for her career in risk and safety including spending two years in Alaska. She holds a Bachelor s of Science in Occupational Health and Safety from CSU. Please contact the event manager Marilyn ) below for: - Multiple participant discounts - Price quotations or visa invitation letters - Payment by alternate channels (PayPal, check, Western Union, wire transfers etc) - Event sponsorships NO REFUNDS ALLOWED ON REGISTRATIONS Service fees included in this listing BUSINESS & LEGAL RESOURCES-BLR - New York Events List