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New Emergency Response Rule
Presented by Eric J. Conn and Megan Shaked

After a period of inaction, OSHA is renewing its interest in the Emergency Response Standard by picking up where the Obama Administration left off with creating a new, broader standard to protect employees who respond to emergencies as part of their regularly assigned duties. The Biden Administration has designated this rulemaking as a priority and is expected to complete the Small Business Advocacy Review (“SBAR”) Panel under the Small Business Regulatory Enforcement Fairness Act (“SBREFA”) during a global pandemic – a year the Agency issued a record-breaking number of Emergency Temporary Standards.

The potential (yet likely) standard could apply to employers that designated employees to provide emergency response services that are currently covered by OSHA’s Fire Brigades Standard or currently not covered by another OSHA standard. Specifically, this could include Emergency Service Organizations (“ESOs”) (e.g., firefighting, fire rescue, emergency medical service, etc.), general industry employers that have or will establish a Workplace Emergency Response Team (e.g., an industrial, emergency, or facility fire brigade), and general industry, construction, and maritime industry employers that we expect, based on past experience, to enter into a mutual aid agreement or contract to provide “skilled support” personnel at an emergency incident (e.g., crane/bulldozer operators, towing companies, environmental response firms, electrical power responders, drone operators, etc.).

Participants in this webinar will learn about the latest rulemaking developments and details regarding when and what new compliance obligations will likely be effective.

Dec 13, 2022 01:00 PM in Eastern Time (US and Canada)

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Eric J. Conn
Chair, OSHA • Workplace Safety Practice Group, Conn Maciel Carey LLP
Eric J. Conn is a founding partner and Chair of Conn Maciel Carey's national OSHA • Workplace Safety Practice Group, where he focuses his practice on all aspects of occupational safety & health law. The first decade of Mr. Conn’s now 20+ year career in occupational safety and health law was alongside the former first General Counsel of the OSH Review Commission. He represents employers in inspections, investigations and enforcement actions involving OSHA, the CSB, MSHA, EPA and state and local safety related agencies. He also handles all aspects of OSHA litigation, from appeals of citations to criminal prosecutions. Mr. Conn also conducts and directs attorney-client privileged workplace safety audits, delivers safety training, and helps employers develop and implement compliant safety and health programs. He writes and speaks extensively on safety & health law issues, including curating the award winning OSHA Defense Report blog and authoring chapters in multiple OSHA Treatises.
Megan S. Shaked
Associate, Conn Maciel Carey LLP
Megan S. Shaked is an associate in the San Francisco office of Conn Maciel Carey LLP. She represents employers on a wide range of employment matters, including claims of discrimination and harassment, wrongful termination, wage and hour violations and whistle blowing. She also represents clients against claims brought by patrons alleging lack of accessibility under Title III of the ADA and the California Unruh and Disabled Persons Acts.