OSHA InveStIgAtIOnS 101 COurse November 17, 2014 Hotel ICON
Transcription
OSHA InveStIgAtIOnS 101 COurse November 17, 2014 Hotel ICON
COurse OSHA Investigations 101 November 17, 2014 Hotel ICON Houston, TX EUCI is authorized by IACET to offer 0.8 CEUs for the course. 1 OSHA Investigations 101 November 17, 2014 Houston, TX Overview Oil companies face significant risk related to the ever-increasing complexity of regulatory compliance. Investigations into oil companies are occurring with even more frequency. It is imperative for professionals in the oil industry to understand the policies and procedures related to a regulatory investigation. This 1-day course will cover OSHA investigation basics and frequently asked questions. OSHA background and OSHA’s role in the oil and gas industry will be discussed. OSHA jurisdictional issues will be covered. Speakers will outline “need to know” information regarding the attorney-directed investigation and attorney-client privilege. A panel will detail information about insurance as it relates to regulatory investigations. An expert will cover OSHA death claims and retaliation claims. Who should attend • • • • • • • • • • • Upstream oil and gas c-level executives Project managers Oil & gas insurance providers HSE professionals Regulatory professionals Individuals new to oil and gas regulatory investigations & OSHA Energy lawyers Oil & gas engineers looking for further knowledge of federal investigations in upstream oil & gas In-house counsel Risk managers Insurance counsels LEARNING OUTCOMES Attendees to this course will learn to: • Address OSHA’s role in the industry • Identify OSHA’s structure and composition • Describe the process of the OSHA investigation • Discuss OSHA jurisdiction • Describe the basics of OSHA inspections • Summarize attorney-directed investigation and client privilege • Participate in an OSHA case study 2 OSHA Investigations 101 November 17, 2014 Houston, TX Agenda Monday, November 17, 2014 8:00 – 8:25 a.m.Registration and Continental Breakfast 8:25 – 8:30 a.m.Welcome & Introduction 8:30 – 9:30 a.m. OSHA Historical Role in the Industry • An overview of OSHA • Authority • Composition • Structure • What and how OSHA regulates • Division of authority between states and OSHA OSHA Investigations 101 informs the employer about how an investigation is done and what rights employers have during the investigation. Great course.” 9:30 – 10:00 a.m.Networking Break 10:00 – 11:00 a.m.The OSHA Investigation Part I • Initiation of an inspection: Routine or incident-based • The process in the field o Opening to closing conference o Inspector industry experience • Jurisdiction o Federal or state plan o Oil & gas vs. general industry or construction o Upstream vs. midstream (interstate/intrastate) o Standards vs. general duty clause o Applying OSHA multi-employer policy in the oilfield – Safety Consultant, Engineering Partners International, LLC 11:00 a.m. – 12:00 p.m. The OSHA Investigation Part II • OSHA regulatory practices: What constitutes a covered practice • The full-site inspection: Growth of a limited/focused inspection • Case study: Secretary of Labor v. Akzo Nobel Chemicals Inc. • Questions and Discussion 12:00 – 1:00 p.m.Group Luncheon 1:00 – 2:00 p.m. OSHA Death Claims & Retaliation Claims • Overview of OSHA death claims • OSHA death claims FAQ’s • OSHA death claims case study • Retaliations claims overview • Retaliation claims FAQ’s • Retaliation claims case study 3 OSHA Investigations 101 November 17, 2014 Houston, TX Agenda Monday, November 17, 2014 (CONTINUED) 2:00 – 3:00 p.m. Attorney-Directed Investigation & Attorney-Client Privilege • An overview of the scope of the Attorney Client Privilege and Work Product Doctrine • The attorney acting as investigator • Witness statements – can they be protected? • Preserving privilege during internal investigations • Disclosures to the regulator and the potential waiver of privilege • What happens if a waiver occurs? • Potential Fifth Amendment issues 3:00 – 3:30 p.m.Networking Break 3:30 – 4:30 p.m. OSHA Panel: FAQs and Hot Topics • This panel will discuss OSHA- related topics as they are generated by the attendees Panelists: - Jonathan Snare, Partner, Morgan, Lewis & Bockius LLP Dennis Morikawa, Partner, Morgan, Lewis & Bockius LLP Professionally organized, on target topics that deliver results.” – Safety Director, Crescent Directional Drilling EUCI 4601 DTC Blvd., Suite 800 Denver, CO 80237 WWW.EUCI.COM P: 303-770-8800 F: 303-741-0849 4 OSHA Investigations 101 November 17, 2014 Houston, TX INSTRUCTORs Dennis J. Morikawa / Partner / Morgan Lewis, & Bockius LLP Dennis J. Morikawa is a partner in Morgan Lewis’s Labor and Employment Practice, where he heads the Occupational Safety and Health Law Practice. He represents management regarding labor and employment law issues, focusing on matters arising under the Occupational Safety and Health Act and the Mine Safety and Health Act. He is actively involved in counseling clients in the development and implementation of safety and health policies and strategic plans throughout the United States and Europe, and he has represented companies and trade associations in connection with rulemaking related to proposed OSHA Standards. The OSHA practice group provides in-depth assistance to companies in evaluating their OSHA compliance status, including on-site auditing of compliance issues and providing corporate due diligence reviews in mergers and acquisitions. The group also has assisted many companies with respect to OSHA’s Voluntary Protection Program (VPP) and Strategic Partnerships for Safety. Mr. Morikawa and other members of his practice group also work closely with the firm’s Litigation Practice in evaluating the third-party tort and criminal implications of OSHA citations and investigations. Please click here for the full bio Jonathan L. Snare / Partner / Morgan Lewis, & Bockius LLP Jonathan L. Snare is a partner in Morgan Lewis’s Labor and Employment Practice. Mr. Snare’s practice focuses on labor-related legislative, regulatory, and administrative issues at the local, state, and federal levels. He regularly advises on workplace safety and health issues that involve enforcement, compliance, workplace investigations, and emergency response matters. Mr. Snare has represented clients in matters before the Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration, Chemical Safety Board, OSHA state plan departments, and other agencies. His practice also deals with wage and hour (Fair Labor Standards Act) matters; government contracting prevailing wage issues, such as under the Davis-Bacon Act and Service Contract Act; whistleblower matters (OSH Act section 11(c), Surface Transportation Assistance Act, Aviation Investment and Reform Act for the 21st Century, and Federal Railroad Safety Act); Office of Federal Contract Compliance Programs/Equal Employment Opportunity issues; labor management/ union disclosure and elections (Office of Labor-Management Standards); immigration issues; and congressional investigations and oversight matters. Mr. Snare also has experience in all phases of litigation, including dispositive motions, pretrial discovery, depositions, mediations, and negotiated settlements. Please click here for the full bio 5 OSHA Investigations 101 November 17, 2014 Houston, TX Instructional Methods Case studies, PowerPoint presentations and classroom exercises will be used in this course. Requirements for Successful Completion of Program Participants must sign in/out each day, be in attendance for the entirety of the course to be eligible for continuing education credit. Credits EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, the (organization name) has demonstrated that it complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, (organization name) is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard. EUCI is authorized by IACET to offer 0.8 CEUs for the course. EVENT LOCATION A room block has been reserved at the Hotel ICON, 220 Main St., Houston, TX 77002, for the nights of November 1617, 2014. Room rates are $209, plus applicable tax. Call 1-713-224-4266 for reservations and mention the EUCI course to get the group rate. The cutoff date to receive the group rate is October 17, 2014 but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. PROCEEDINGS The proceedings of the course will be published, and one copy will be distributed to each registrant at the course. Click Here to Register Online 6 Event location Mail Directly To: A room block has been reserved at the Hotel ICON, 220 Main St., Houston, TX 77002, for the nights of November 16-17, 2014. Room rates are $209, plus applicable tax. Call 1-713-224-4266 for reservations and mention the EUCI course to get the group rate. The cutoff date to receive the group rate is October 17, 2014 but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. WWW.EUCI.COM P: 303-770-8800 F: 303-741-0849 please register the following discounted registration for attending both OSHA Investigations 101 and BSEE Investigations 101 courses November 17-18, 2014: US $1895 Early bird on or before November 7, 2014: US $1695 EUCI’s E Click Here to Register Online osha Investigations 101 course ONLY November 17, 2014: US $995 Early bird on or before November 7, 2014: US $895 EUCI has gathered during its 26 years organizing conferences. Sign me up for Energize Weekly. How did you hear about this event? (direct e-mail, colleague, speaker(s), etc.) Print Name Job Title What name do you prefer on your name badge? Address Company City State/Province Zip/Postal Code Telephone Country Email List any dietary or accessibility needs here CREDIT CARD Name on Card Account Number Billing Address Billing Zip Code/Postal Code Billing City Exp. Date Billing State Security Code (last 3 digits on the back of Visa and MC or 4 digits on front of AmEx) OR Enclosed is a check for $______________________ to cover _________________ registrations. All cancellations received on or before October 17, 2014, will be subject to a US $195 processing fee. Written cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event or publication. This credit will be good for six months. In case of event cancellation, EUCI’s liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact contact our our offices offices at at 303-770-8800. (201) 871-0474. EUCI reserves the right to alter this program without prior notice. 7