Former Regional OSHA Counsel for DOL’s Atlanta Region Rachel L. Graeber Joins Conn Maciel Carey as Chair of the Firm’s Southeast Practice

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ATLANTA, GA (January 21, 2026) – Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that Rachel L. Graeber has joined the firm as a Partner and Chair of its Southeast Practice. Rachel, an accomplished and seasoned federal litigator with more than 15 years of experience, most recently served as the Regional OSHA Counsel with the Department of Labor (DOL), Office of the Solicitor for the Atlanta Region (formerly Region IV).

Eric J. Conn, a Co-founding Partner of Conn Maciel Carey and Chair of the firm’s national OSHA • Workplace Safety Practice, said, “Practicing law is rewarding when it’s with and against truly talented attorneys, and in that regard, Rachel was the quintessential respected adversary. When we had cases against each other, she proved to be a most effective advocate, strategic litigator, and creative negotiator. She was at the helm of high-profile litigation successes in complex and high-stakes matters for OSHA and MSHA. No one better to lead CMC’s support for our clients operating throughout the Southeast region.” Continue reading →

CMC Expands its Workplace Safety Practice Group with the Addition of Environmental Regulatory Veteran Chris Vamos to its DC Office

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Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that John Christopher (Chris) Vamos has joined the firm as Of Counsel in its Washington, DC, office. Chris has three decades of experience as an attorney and engineer providing comprehensive environmental, hazardous chemical management, and hazmat transportation support to industrial and manufacturing clients in the iron and steel, electric utility, metallic mineral mining, and high technology sectors.

Eric J. Conn, founding partner of Conn Maciel Carey and chair of the firm’s national OSHA & Workplace Safety Practice Group, said, “Environmental regulatory risk is always lurking nearby the workplace safety and health challenges with which we support our clients, so bringing on Chris provides the perfect complement to our team. And Chris’ engineering background gives him a unique legal and technical eye when it comes to understanding complex industrial and manufacturing processes. He is always three steps ahead anticipating legal risks and developing solutions that address the operational needs of his clients. He will be a great addition to our team.”

Continue reading →

Happy Holidays from Everyone at Conn Maciel Carey!

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All of us here at Conn Maciel Carey wish you a joyful and safe holiday season!

Please enjoy this holiday greeting from the CMC family to your family:

 

We have so much to be thankful for at Conn Maciel Carey, but most of all, we thank you all for continuing to turn to us for counsel and legal services.  Please contact us if you have questions about any of the topics we have covered here on the MSHA Defense Report blog, or if you have ideas for other subjects we should be covering.  And of course, contact any of us if there is ever anything our national MSHA & Workplace Safety Practice Group at Conn Maciel Carey can do to help your organization with workplace safety law issues.

Honoring a Career That Defined Cal/OSHA Defense: Fred Walter, CMC Of Counsel, Retires After 45 Years

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After more than four decades shaping and defending California workplace safety law, legendary Cal/OSHA attorney Fred Walter is retiring and closing a chapter on a career that helped define an entire practice area.

In a recent Cal-OSHA Reporter feature, Fred reflects on his path into Cal/OSHA defense, which began in the late 1970s in personal injury litigation before a pivotal meeting with Robert “Bob” Peterson, widely regarded as the godfather of the Cal/OSHA defense bar. As the first Chief Counsel for the Cal/OSHA Appeals Board, Peterson pioneered what was then an emerging specialty. Fred followed soon after, becoming only the second attorney to focus full-time on Cal/OSHA defense – a role he would hold for the next 45 years.

The article traces Fred’s firsthand experience with Cal/OSHA’s evolution, Continue reading →

[Webinar] Deep Dive into Unwarrantable Failures

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On Wednesday, November 19, 2025, at 1 pm ET, join Nicholas W. Scala and Emily Toler Scott for a webinar about Deep Dive into Unwarrantable Failures.

MSHA has a variety of enforcement options available in cases of non-compliance, with Unwarrantable Failure being one of the more significant but commonly encountered options. Unwarrantable Failures are issued when MSHA determines that an operator has engaged in Aggravated Conduct, leading the agency to adopt a more aggressive stance with both enforcement and the abatement process. This webinar will delve into the concept of Warrantable Failures from both practical and legal viewpoints.

Participants will learn about: Continue reading →

[Bonus Webinar] Navigating OSHA and MSHA During a Federal Government Shutdown

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On Thursday, October 16, 2025, at 1 pm ET, join Eric J. Conn and Nicholas W. Scala for a webinar about Navigating OSHA and MSHA During a Federal Government Shutdown.

With the federal government now shut down, the Department of Labor (DOL) has activated its contingency plan, significantly curtailing operations across OSHA and MSHA until Congress appropriates new funding. But what does that mean for employers? Continue reading →

OSHA and MSHA Leadership Takes Shape with Confirmation of Trump Nominees

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By Eric J. Conn, Aaron R. Gelb, Nicholas W. Scala, and Emily Toler Scott

On Friday, October 3, almost eight months after President Trump announced their nominations, the Senate confirmed David Keeling (OSHA) and Wayne Palmer (MSHA) to lead their respective agencies, along with other key appointees for roles that will shape the Trump administration’s enforcement priorities and its regulatory (deregulatory) agenda.

Following their February nominations, Messrs. Keeling and Palmer were advanced out of the Senate Committee on Health, Education, Labor and Pensions after a public hearing for Keeling in June and without a hearing for Palmer in May. Their nominations stalled, however, in the full Senate as Senate rules required 60 votes to confirm Cabinet-level nominees, and without support from Democratic Senators, they could not advance. That changed on October 3, when the Senate exercised the “nuclear option” to allow for confirmation of Cabinet-level nominees with a simple majority vote. (A few weeks earlier, on September 19, the Senate used the “nuclear option” to confirm 48 sub-Cabinet level appointees.) After the rule change, the Senate advanced 108 nominees, including several key workplace safety and health positions:

    • David Keeling – Assistant Secretary of Labor for OSHA
    • Wayne Palmer – Assistant Secretary of Labor for MSHA
    • Jonathan Berry – Solicitor of Labor
    • Jonathan Snare – Commissioner of the Occupational Safety and Health Review Commission (OSHRC)
    • Marco Rajkovich, Jr. – Commissioner of the Federal Mine Safety and Health Review Commission (FMSHRC)

The final confirmation vote was held on October 6.

Here’s what we know about the newly confirmed leaders of the nation’s top workplace safety agencies, and the less visible but significant roles the other appointees will play as they assume office. Continue reading →

Navigating OSHA and MSHA Operations During the Federal Shutdown

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By Eric J. Conn, Nicholas W. Scala, and Hema Steele

With the federal government now shut down, the Department of Labor (DOL) has invoked its shutdown contingency plan that will remain in effect until Congress appropriates funding.  Shutdowns occur because the Antideficiency Act prohibits federal agencies from operating without appropriations unless they are addressing emergencies involving human life or property.

The following summarizes key implications for employers facing OSHA and MSHA matters.

OSHA

Operations

OSHA will furlough 1,204 of its 1,664 employees, retaining only those essential for emergency and statutory enforcement and to assist orderly shutdown activities. The agency will continue the following enforcement activities: Continue reading →

Conn Maciel Carey Expands its Labor & Employment and Litigation Practices with the Addition of Kimberly Cole in its California Offices

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Conn Maciel Carey LLP (“CMC”), a national boutique Labor and Employment and OSHA/MSHA Workplace Safety law firm, is pleased to announce that Kimberly Cole has joined the firm as a Senior Counsel in its Los Angeles and San Francisco offices. Kimberly will support the firm’s national Labor & Employment and Litigation Practices.

Kimberly has more than two decades of experience representing clients in various aspects of California employment law, in counseling and litigation. Her practice ranges from representing corporations in wage and hour disputes from audits to compliance to defense of individual and class action/PAGA claims. She also has defended clients faced with discrimination, retaliation, and whistleblower claims from initial demand to jury trial. She has represented clients before administrative agencies and appellate courts. Continue reading →

Register for Part Two of CMC’s Labor/Employee Relations & Collective Bargaining Masterclass!

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Join us for Part Two of our Stay Ready: Labor/Employee Relations and Collective Bargaining Masterclass Series.

You can save 25% off if you register by July 7th. Enter “stayready25” at checkout.

(Part Two)
Stay Ready: Positive Employee Relations
and Union Organizing

This program assists non-union or minimally unionized employers with examining workplace vulnerabilities and risks for union organizing as well as best practices for lawfully responding to organizing efforts.

Participants will learn about: Continue reading →