Happy Holidays from Everyone at Conn Maciel Carey!

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

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

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

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

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

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

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!

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

Chambers USA Ranks Conn Maciel Carey LLP “Band 1” Nationally for Occupational Safety and Health Law for the Fourth Year in a Row

Conn Maciel Carey LLP (CMC) is honored to announce that the firm is one of only two law firms recognized as “Band 1″ for Occupational Safety and Health Law nationwide.  This is the fourth year in a row that CMC has received the “Band 1” honor, which is every year that Chambers has ranked the OSHA/MSHA Law category, and the firm remains the only “boutique” firm in the rankings.

Six CMC attorneys were individually ranked among a short list of leading OSHA and MSHA lawyers in the Occupational Safety and Health Law Rankings (the most of any firm recognized in the category), making up more than a quarter of the “Band 1” attorneys.

  • Eric Conn, OSHA Practice Chair – Ranked “Band 1”
  • Kate McMahon, OSHA Partner – Ranked “Band 1”
  • Aaron Gelb, Midwest OSHA Practice Chair – Ranked “Band 2”
  • Rachel Conn, California Practice Chair – Ranked “Band 3”
  • Valerie Butera, OSHA Senior Counsel – Ranked “Band 3”
  • Nicholas Scala, MSHA Practice Chair – “Up and Coming”

Client Feedback

Chambers is considered the gold standard for law firm rankings, which it generates based on independent research and feedback from private companies that utilize OSHA legal services. A few client comments about the CMC team in the Chambers research include: Continue reading

Meet Our Guest Speakers! CMC’s Midwest Workplace Safety and Labor and Employment Law Summit in Detroit, MI

Conn Maciel Carey’s Midwest Workplace Safety (OSHA / MSHA) and Labor and Employment Law Summit in Detroit, MI is an in-person program hosted by the attorneys in CMC’s national OSHA / MSHA Workplace Safety and Labor • Employment Practice Groups based out of our Midwest Region offices (Chicago, Detroit, and Columbus), and joined by their colleagues from Washington, DC and California. This program is designed to update employers on important developments from federal OSHA, MSHA, and the State OSH Plans in the Midwest (i.e., Michigan OSHA, Indiana OSHA, Iowa OSHA, and Minnesota OSHA), as well as important labor and employment law issues.​​

Check out the agenda below for more information about the program. Also, visit the event website for official updates and register today to take advantage of our early bird ticket pricing!

Meet Our Guest Speakers!

Jim Frederick led the Occupational Safety and Health Administration as the Principal Deputy Assistant Secretary from January 2021 to January 2025. Continue reading