Chambers USA Recognizes Conn Maciel Carey as 1 of Only 3 “Band 1” Ranked Law Firms for OSHA Law, Again!

Conn Maciel Carey LLP (CMC) is honored to announce that the firm has been recognized as one of only three national law firms ranked in Band 1 Nationwide for Occupational Safety and Health (OSHA) Law for the 2nd year in a row. CMC remains the only “boutique” firm among the law firms recognized.

The recognition comes from Chambers and Partners, an independent research company that delivers detailed rankings and insight into the world’s leading lawyers and law firms. This is only the second year that Chambers has ranked the OSHA Law field, and CMC has been ranked Band 1 both years.

Chambers’ researchers identified CMC as “perhaps the foremost experts in workplace health and safety law.… CMC is made up of some of the best legal expertise that is available when it comes to safety and health matters…. They are keen to build a good relationship with their clients so that they can anticipate needs and exceed expectations. 

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Preparing for MSHA Serious Incident Investigations [Webinar Recording]

On Tuesday, April 18, 2023, Nick Scala presented a webinar regarding Preparing for MSHA Serious Incident and Fatality Investigations.

While mine operators and mining contractors are likely used to MSHA conducting on-site safety and health inspections, when a serious incident occurs, the MSHA investigation takes a different approach. Seasoned mine operations are often caught off-guard by the depth of the investigation after a serious incident and are at times taken aback by the tone of the investigation – usually conducted by unfamiliar MSHA personnel from other areas in the district and management and non-management employee interviews will be central to the investigation. MSHA is also likely to issue a 103(K) Order, essentially shutting down the area or equipment subject to the incident, and the Order can stay in place for months, leaving the operator in a loss position.

This webinar reviewed MSHA’s approach to a serious incident or fatal incident investigations. Participants learned strategies to manage MSHA’s investigation for the company while conducting the operator’s investigation into the incident. The webinar also covered miner and mine management rights throughout MSHA’s investigation.

Participants in this webinar learned the following: Continue reading

Conn Maciel Carey LLP Adds Highly Regarded OSHA Defense and Employment Attorney Kimberly Richardson

Conn Maciel Carey LLP, (CMC) a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Kimberly Richardson has become an Of Counsel attorney with the firm based out of the firm’s principal office in Washington, DC.

Ms. Richardson will provide counseling and litigation services related to workplace health and safety and employment-related matters. Throughout her 15 years of experience, Ms. Richardson has served as the lead in-house workplace health and safety attorney for multiple national and international organizations, where she advised executive leadership on matters pertaining to labor, employment, and OSHA compliance.

“I am elated to share Kimberly’s perspective as a former in-house corporate counsel with our clients and our attorneys as she prides herself on advising companies to create and prioritize robust compliance programs on the myriad of employment legal issues,” says Kara Maciel, Labor and Employment Practice Chair. “When corporate legal teams need advice on creating collaborative approaches to their ESG initiatives, Kimberly will be a strong leader of CMC’s team in providing strategic privileged counsel on the responsibilities that corporations will be facing in the years to come.”

“I could not be more excited to welcome the legendary Kimberly Richardson to our OSHA and L&E teams at Conn Maciel Carey,” says Eric Conn, OSHA Practice Chair. Continue reading

Conn Maciel Carey LLP Expands Midwest Presence with OSHA Defense & Employment Senior Counsel Mark Ishu

Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Mark Ishu has joined the firm’s Chicago office as a Senior Counsel.

Prior to entering private practice, Mr. Ishu spent over a decade serving as a Trial Attorney for the United States Department of Labor, Office of the Solicitor, where he prosecuted civil violations under federal labor statutes for the Occupational Safety and Health Act, Fair Labor Standards Act, , Mine Safety and Health Act, Employee Retirement Income Security Act, Davis Bacon Act, Service Contract Act, Immigration Nationality Act (H-1B, H-2B, H-2A), and whistleblower statutes. During his tenure, he was dedicated to fostering, promoting, and protecting the welfare of wage earners, job seekers, and retirees in improving working conditions, advancing opportunities for profitable employment, and assuring work-related benefits and rights.

Co-Managing Partner, Aaron Gelb, says “After litigating several significant citations with Mark on the other side representing OSHA, I came to respect him as a worthy adversary and like him as a person.  Continue reading

MSHA Basics: The Mine Act and MSHA Inspection Powers [Webinar Recording]

On Thursday, March 23, 2023, Nicholas W. Scala presented a webinar regarding MSHA Basics: The Mine Act and MSHA Inspection Powers.

The Federal Mine Safety & Health Act of 1977 (“The Mine Act”) created the agency that we know today as MSHA and codified its authority and powers that govern America’s mining industry to date. Unlike the OSH Act, the Mine Act mandated MSHA conduct inspections each year – two per year at active surface operations and four per year at an underground mine. However, required inspections are not the limit of MSHA’s authority to conduct investigations, and are not the limit of the investigations it is required to complete.

This webinar reviewed the Mine Act and MSHA’s authority to conduct inspections at the country’s mine sites, MSHA’s powers beyond regular safety and health inspection, and provided best practices for preparing your operation for MSHA’s inevitable visit.

Participants in this webinar learned the following: Continue reading

CMC Spotlight Series: Meet Mark Trapp!

As a Partner in Conn Maciel Carey’s Chicago office, Mark Trapp specializes in labor and employment law with our Employment Practice Group.  He arbitrates, litigates, and advises clients on multiemployer pension funds and withdrawal liability issues, as well as labor relations, union elections, and collective bargaining. He also handles various types of employment litigation and grievance arbitrations. Between 2014 and 2017, Mark was recommended in the Labor-Management Relations category by The Legal 500 United States and has been selected to Super Lawyers from 2020 to 2023.

Get to Know Mark!

Mark FamilyWhere is your favorite vacation spot?

My family doesn’t have one specific favorite. My wife is from Mexico, so we celebrate each daughter’s quinceañera—a traditional celebration of a girl’s fifteenth birthday. But instead of having the usual party, we decided to let them choose anywhere they wanted to go and make it a special trip just for them. So far, we’ve had three daughters reach that milestone. We’ve traveled to London and Hawaii, and we enjoyed a Disney cruise. Our youngest daughter is approaching 15, and we can’t wait to see what she chooses. She’s leaning toward Alaska, but she’s not sure.

We’ve also been camping in Gettysburg many times, including during the 150th anniversary of the Battle of Gettysburg. It’s a great place for hiking and history.

What was your first job? Continue reading

MSHA’s 2022 in Review and 2023 Forecast (Webinar Recording)

On Tuesday, February 21, 2023, Nicholas W. Scala presented a webinar regarding MSHA’s 2022 in Review and 2023 Forecast.

CaptureWith 2022 behind us, now is the time to take stock of the state of MSHA as the Biden Administration enters its third year. MSHA’s senior political leadership is now in place, and with that, we expect to see MSHA’s true agenda for rulemaking and enforcement take shape and be put into action.

This webinar reviewed the past year’s enforcement trends and initiatives, as well as the regulatory agenda, highlighting the evolution of MSHA, and its priorities for the coming year.

Participants in this webinar learned: Continue reading

[Webinar] MSHA’s 2022 in Review and 2023 Forecast

This coming Tuesday, February 21, 2023 at 1 p.m. EST, join Nicholas W. Scala for a webinar regarding MSHA’s 2022 in Review and 2023 Forecast.

CaptureWith 2022 behind us, now is the time to take stock of the state of MSHA as the Biden Administration enters its third year. MSHA’s senior political leadership is now in place, and with that, we expect to see MSHA’s true agenda for rulemaking and enforcement take shape and be put into action.

This webinar will review the past year’s enforcement trends and initiatives, as well as the regulatory agenda, highlighting the evolution of MSHA, and its priorities for the coming year.

Participants in this webinar will learn the following:

  • 2022 MSHA enforcement data, predictions for future areas of emphasis
  • Enforcement trends, initiatives, and areas of emphasis
  • MSHA’s rulemaking agenda for the year

Click here to register for the February 21st webinar. Continue reading

Announcing Conn Maciel Carey LLP’s 2023 MSHA Webinar Series!

Entering MSHA’s third year under the Biden Administration, the mining industry should expect to see a more active and emboldened agency. The past year saw the completion of MSHA political leadership, and a renewed focus on rulemaking and enforcement. In the year to come, operators can expect to see at least two rules from the agency, specifically regarding MSHA’s long-awaited proposed rule on respirable crystalline silica – or respirable quartz as MSHA sometimes refers – and the final form or the Surface Mobile Equipment rule. In conjunction with the anticipated silica rule, MSHA continues to engage in increasingly aggressive enforcement regarding industrial hygiene at the nation’s mines. The coming year will be active from both an enforcement and rulemaking perspective, meaning it is as important as ever for operators to stay attuned to developments at MSHA.

Conn Maciel Carey’s complimentary 2023 MSHA Webinar Series includes free programs put on by the MSHA-focused attorneys in the firm’s national MSHA Practice Group and is designed to give employers insight into the changes and developments at MSHA during this active period for the agency.

To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2023 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us.

 

MSHA’s 2022 in Review and 2023 Forecast
Tuesday, February 21st

 

Mid-Year Update and FMSHRC Significant Cases
Wednesday, July 19th

 

The Mine Act and MSHA Inspection Powers
Thursday, March 23rd

 

Managing MSHA Complaint & 105(c) Investigations
Tuesday, September 12th

 

Preparing for Serious Accident and Fatality Investigations
Tuesday, April 18th

 

Safety-Related Incident Investigations and Audit Reports
Thursday, October 5th

 

Where Does MSHA’s Authority Begin and OSHA’s End?
Tuesday, May 16th

 

Best Practices at Multi-Operator MSHA Sites
Wednesday November 15th 


See below for the full schedule with program descriptions,
dates, times and links to register for each webinar event.

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Conn Maciel Carey LLP Elevates Daniel Deacon to Partner

Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Daniel Deacon has been elevated to Partner.

Mr. Deacon, based in the Washington, DC office, advises and represents employers on a wide range of employment-related issues, including handling wage and hour disputes, claims of discrimination, harassment and retaliation, compliance with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), trade secret matters, as well as inspections, investigations and enforcement actions by OSHA, MSHA, and state OSH agencies.

Mr. Deacon joined the firm in 2015, one year after CMC was founded. “With the exception of a judicial clerkship for the 18th Judicial Circuit of Virginia, Dan has been with our team since he was a summer associate, so in a very real sense, he is one of the founders of this firm and has always been an important part of our success,” says Eric Conn, a co-founding partner and Chair of the firm’s national OSHA Practice. “It has been such a joy to watch Dan grow as an attorney into one of the rising stars of the OSHA defense bar.”

“I am so proud to have witnessed Dan advance from a Continue reading