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Bonus OSHA Webinar: Everything You Need to Know About CSB’s New Accidental Release Reporting Rule
Presented by Eric J. Conn, Kate McMahon and Beeta Lashkari

The U.S. Chemical Safety and Hazard Investigation Board (the CSB) has, for the first time, established a chemical release reporting rule that creates broad new requirements for employers to report accidental releases to the CSB within 8 hours if certain thresholds are met. The CSB promulgated this new Accidental Release Reporting Rule because of a 2018 federal district court decision mandating that the CSB issue the rule pursuant to the 1990 Clean Air Act Amendments. The court had set an expedited schedule, giving the CSB only 12 months to develop and finalize the rule.

Conn Maciel Carey’s national OSHA • Workplace Safety Practice Group coordinated an ad hoc Coalition of employers and trade associations to prepare rulemaking comments about the proposed rule. While CSB revised the final rule in a few important ways to address the concerns our Coalition raised in our comments, the final rule still includes several problematic requirements that will create major compliance headaches for employers across the country. The rule will take effect in March, 30 days after publication in the Federal Register.

Participants in this webinar will learn the following:

• History of the CSB’s efforts to promulgate a reporting rule
• What was in the Proposed Rule
• Comments about the proposed rule submitted by Conn Maciel Carey and our Coalition
• Details of the Final Rule, including coverage, contents of the reports, reporting deadlines, etc.
• What employers must do now to comply
• Potential legal challenges to the rule

Feb 24, 2020 01:00 PM in Eastern Time (US and Canada)

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Eric J. Conn
Founding Partner and Chair, OSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Eric J. Conn is a founding partner and Chair of the national OSHA • Workplace Safety Practice Group at the law firm Conn Maciel Carey LLP, where he focuses his practice on all aspects of occupational safety & health law. Mr. practiced for more than a decade 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 criminal prosecutions to appeals of citations. 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 authoring chapters in multiple OSHA Treatises.
Kate McMahon
Partner, OSHA • Workplace Safety Practice Group @Conn Maciel Carey LLP
Kathryn M. McMahon is a partner in the national OSHA • Workplace Safety Practice Group of Conn Maciel Carey LLP. She focuses her practice in the areas of occupational safety and health (OSHA) law and environmental law. Ms. McMahon helps clients manage incident and fatality inspections, and litigation related to alleged violations by federal OSHA and state OSHA programs. She also represents industry stakeholders in all aspects of OSHA rulemaking, including proposed rules regarding silica, injury and illness recordkeeping, hexavalent chromium, and beryllium, among others.
Beeta Lashkari
Associate, OSHA and Labor and Employment Practice Groups @Conn Maciel Carey LLP
Beeta B. Lashkari is an associate in the Washington, DC office of Conn Maciel Carey LLP working in both the OSHA and Labor and Employment practice groups. Ms. Lashkari advises and represents clients in a wide-range of inspections, investigations, and enforcement actions. Additionally, in support of the firm’s Employment and Labor practice group, Ms. Lashkari manages workplace investigations, including whistleblower and retaliation claims, defending employers in EEOC discrimination and harassment charges, and counseling clients on myriad legal issues employers face in the workplace.