AMERICAN BAR ASSOCIATION

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1 AMERICAN BAR ASSOCIATION Occupational Safety and Health Law Committee 2003 Midwinter Committee Meeting Sonesta Beach Resort 350 Ocean Drive Key Biscayne, Florida March 4 March 7, 2003 AGENDA Tuesday, March 4, :00 p.m. 6:00 p.m. Registration (Mashta A) 6:30 p.m. 7:30 p.m. Welcome Reception (Skylight Terrace) Wednesday, March 5, :30 a.m. 1:00 p.m. Registration (North Pre-Assembly) 7:30 a.m. 8:15 a.m. Continental Breakfast (North Pre-Assembly) 8:15 a.m. 12:30 p.m. General Session (Ballroom West) 8:15 a.m. Opening Remarks by the Co-Chairs Kenneth D. Kleinman, Management Co-Chair Stephen Yokich, Union Co-Chair 8:20 a.m. Remarks by Section Chairperson, Jana Howard Carey 8:30 a. m. 9: 00 a.m. What OSHA Is Doing and Plans To Do The Honorable John Henshaw Assistant Secretary of Labor U.S. Department of Labor - OSHA 1

2 9:00 a.m. 9:25 a.m. Remarks by the Acting Solicitor of Labor The Honorable Ron Whiting Deputy Solicitor of Labor U.S. Department of Labor 9:25 a.m. 10:25 a.m. OSHA Enforcement and Regulatory Practices Kenneth D. Kleinman, Stevens & Lee, Wayne, PA Felix C. Pete Wade, Schottenstein Zox & Dunn, Columbus, OH Gary Visscher, Deputy Assistant Secretary OSHA Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Washington, DC Stephen Yokich, Cornfield and Feldman, Chicago, IL 10:25 a.m. 10:35 a.m. BREAK 10:35 a.m. 11:30 a.m. Discovery Issues in OSHA Litigation Dennis J. Morikawa, Morgan, Lewis & Bockius LLP, Philadelphia, PA Christine Eskilson, Regional OSHA Counsel, Boston, MA. 11:30 a.m. - 12:30 p.m. BREAK OUT SESSIONS David Jones, Ogletree, Deakins, Atlanta, GA Fred Huggins, Kentucky Labor Cabinet, Frankfort, KY [Address: Access to employee witness statements; attorneyclient privilege and work product doctrine; privacy; deliberative process/privilege] A. The Ins and Outs of Settlement Agreements (Island B) Eric Hobbs, Michael Best & Friedrich, Milwaukee, WI Kenneth Hellman, Senior Trial Attorney, Office of the Solicitor, Washington, DC 2

3 Lawrence P. Halprin, Keller & Heckman LLP, Washington, DC [Address: Type and content; pre citation and post citation/pre complaint and post complaint; exculpatory provisions; provide sample language] B. Partners for Safety and Health: Voluntary Protection Programs, Hispanic Worker Protection Partnership Program and Other Initiatives (Ballroom West) John Artz, Polito & Smock, Pittsburgh, PA Ann Rosenthal, Counsel for Appellate Litigation, Office of the Solicitor, Washington, DC John J. Coleman, III, Burr & Forman, LLP, Birmingham, AL Donald Elisburg, Key Biscayne, FL C. Employee Rights to Protect Safety and Health (Mashta B) Fred Braid, Holland and Knight, New York, NY Michael J. Killeen, Davis Wright Tremaine LLC, Seattle, WA Diane Sherman, Regional OSHA Counsel, New York, NY Norman Gleichman, SEIU, Washington, DC 12:30 p.m. ADJOURN 6:00 p.m. 8:00 p.m. Beach Dinner Party (Chickee Village) Thursday, March 6, :30 a.m. - 12:30 p.m. Registration (North Pre-Assembly) 7:30 a.m. - 8:30 a.m. Continental Breakfast (North Pre-Assembly) 8:30 a.m. - 12:15 p.m. General Session (Ballroom West) 8:30 a.m. - 9:20 a.m. Significant Decisions Stephen Yokich, Cornfield & Feldman, Chicago, IL. Paula D. Walker, Waller Lansden Dortch & Davis, Nashville, TN 3

4 9:20 a.m. - 10:30 a.m. BREAK OUT SESSIONS Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Washington, DC A. Mold in the Workplace: What Must An Employer Do? (Ballroom West) Kenneth Stark, Duvin, Cahn & Hutton, Cleveland, OH Thomas H. Strong, Venable, Baetjer & Howard LLP, Baltimore, MD J. David Duffus, Jr., Duffus & Melvin, P.A., Greenville, NC Dr. John M. Howard, Director, National Institute for Occupational Safety and Health, Washington, DC B. Use of Experts in OSHA Cases (Mashta B) Donald Savelson, Proskauer Rose, New York, NY The Honorable Irving Sommer, Chief Administrative Law Judge, Federal Occupational Safety and Health Review Commission, Washington, DC Mark S. Dreux, Arent Fox Kintner et al., McLean, VA B. Anne Gwynn, Deputy Regional Solicitor, Philadelphia, PA C. Genetic Screening, Profiling and Related Privacy Issues (Island B) Mark Katz, Ulmer & Berne, Cleveland, OH Mark Rothstein, Director of University of Louisville Institute for Bioethics, Health Policy and Law James P. Philbin III, Morgan, Lewis & Bockius, New York, NY Randy Rabinowitz, Washington, DC 10:30 a.m. - 10: 40 a.m. BREAK 4

5 10: 40 a.m. - 11:30 a.m. Report From The Commissions Ron Taylor, Venable, Baetjer & Howard, Baltimore, MD The Honorable W. Scott Railton, Chair, Occupational Safety and Health Review Commission, Washington, DC 11:30 a.m. - 12:15 a.m. What s New with NIOSH 12:15 p.m. ADJOURN The Honorable Robert H. Beatty Jr., Commissioner, Mine Safety and Health Review Commission, Washington, DC Dr. John M. Howard, Director National Institute for Occupational Safety and Health, Washington, DC 6:00 p.m. - 7:30 p.m. Reception (Palm Terrace) Friday, March 7, :30 a. m. - 12:15 p.m. Registration (North Pre-Assembly) 7:30 a.m. - 8:15 a.m. Continental Breakfast (North Pre-Assembly) 8:30 a.m. - 12:15 p.m. General Session (Ballroom West) 8:30 a.m. - 9:40 a.m. Corporate Governance Issues Ethical Considerations and the Role of the Board of Directors in OSHA Compliance Don Elisburg, Key Biscayne, FL James Stanley, Vice President, Safety and Health, AK Steel, Ohio 9:40 a.m. - 10:40 a.m. State Plan Developments George R. Salem, Akin Gump Strauss Hauer, Washington, DC Gary Visscher, Deputy Assistant Secretary, OSHA, Washington, DC [Address: Effect of cost cutting in safety and health budgets; tools to measure compliance; what are proactive/effective companies doing] [include ethics component/credit] Don Lawless, Varnum, Riddering Schmidt, Grand Rapids, MI 5

6 10:40 a.m. - 10:50 a.m. BREAK 10:50 a.m. - 11:10 a.m. Business Meeting Gail A. Sheridan-Lucht, Iowa Division of Labor, Des Moines, IA Paula White, Director, Directorate of Cooperative and State Programs, OSHA, Washington, DC Randy Rabinowitz, Washington, DC George W. Goodman, Cummins Goodman et al, McMinnville, OR 11:10 a.m. - 12:30 p.m. Criminal Enforcement and Regulatory Issues: Criteria Used to Refer Cases and to Accept Cases for Prosecution Scott H. Dunham, O Melveny & Myers LLP, Los Angeles, CA William Sellers, U.S. Attorney s Office, Washington, DC Richard J. Fiore, Regional Solicitor, Chicago, IL David Pies, Bureau of Investigations California Division of Occupational Safety and Health, Los Angeles, CA Stephen C. Yohay, Arent Fox Kintner et al., Washington, DC 12:30 p.m. ADJOURN 6

AMERICAN BAR ASSOCIATION

AMERICAN BAR ASSOCIATION Occupational Safety and Health Law Committee 2008 Midwinter Committee Meeting Tucson, Arizona March 4 7, 2008 AGENDA Tuesday, March 4, 2008 5:00 p.m. 7:00 p.m. Registration 6:00