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The OSHA Defense Report
OSHA Updates from Conn Maciel Carey's national OSHA Practice Group
About Conn Maciel Carey's National OSHA Practice
About The OSHA Defense Report Blog
Eric J. Conn
Fate of Obama-Era OSHA Regulations and Enforcement Policies Under the Trump Administration
July 8, 2019 July 8, 2019 Eric J. Conn Leave a comment
By Eric J. Conn and Micah Smith
In the final days (and even hours) of the Obama Administration, OSHA promulgated several significant regulatory changes. For example, after several decades, it updated the Walking Working Surfaces Standard (the regulation covering slips, trips and falls). It also published a controversial Electronic Injury Data Submission Rule, two new occupational health exposure standards for silica and beryllium, and brought the U.S. Hazard Communication Standard (the chemical right-to-know regulation) more in line with the United Nation's Globally Harmonized System of Classification and Labeling of Chemicals. To name a few. But, as a new administration took the reigns at the Department of Labor, many wondered what would be the fate of these "midnight rules"?
While some Obama-era OSHA regulations have been subject to additional rulemaking (or even rule-rescinding), as expected given Pres. Trump's promises for deregulation, most have remained untouched. Indeed, when Scott Mugno, President Trump's nominee for OSHA's top job, recently announced his decision that he was withdrawing his name from consideration, the likelihood that OSHA would remain without a permanent, appointed leader for the entirety President Trump's term has increased dramatically, and conversely, without a captain steering the ship, the likelihood of OSHA carrying out the Trump Administration's plan for major de-regulatory action has dramatically decreased.
Much more likely, OSHA will continue to operate over the course of the next year and a half of the Trump Administration as it has since shortly after his Inauguration – modest de-regulatory efforts to nibble around the edges of Obama-era regulations, but nothing close to the level of radical deregulation that had been advertised on the campaign trail and which we have seen at other agencies. Thus, the "midnight" regulations promulgated at the tail end of the Obama Administration appear likely to remain largely intact. Continue reading →
[Webinar] Preparing for and Managing OSHA Inspections and Citations
June 28, 2019 June 28, 2019 Eric J. Conn Leave a comment
On Tuesday, July 23, 2019 at 1:00 PM Eastern, Eric J. Conn and Amanda Strainis-Walker of Conn Maciel Carey's national OSHA Practice will present a complimentary webinar regarding "Preparing for and Managing OSHA Inspections and Citations."
Confounding expectations, federal OSHA under the Trump Administration has continued the same aggressive enforcement model we saw during the Obama Administration. Indeed, by many metrics we are seeing enhanced enforcement — more inspections, higher civil penalties, record numbers of $100K+ citation packages, and a continuing rise in willful / repeat citations and worker safety criminal prosecutions.
OSHA has also continued its aggressive inspection strategies that create a minefield for employers. In short, the consequences for employers being caught ill-prepared for an OSHA inspection, and making bad choices during inspections and after citations are issued, are more dire now than ever before.
This webinar will provide employers with the knowledge and tools they need to prepare in advance for an OSHA inspection, to manage the inspection to a successful outcome once it begins, and to make smart decisions about how to address citations after they issue.
Specifically, participants in this webinar will learn:
Key Cal/OSHA Issues California Employers Must Track [Webinar Recording]
May 16, 2019 June 28, 2019 Eric J. Conn Leave a comment
On May 28, 2019, Andrew J. Sommer, Eric J. Conn and Megan S. Shaked of Conn Maciel Carey LLP's national OSHA Practice presented a webinar regarding: "Key Cal/OSHA Issues California Employers Must Track."
The state of California's Division of Occupational Safety and Health, better known as Cal/OSHA, is perhaps the most aggressive and enforcement-heavy approved state OSH Program in the nation. California employers face a host of requirements that other employers around the country do not. Likewise, the Cal/OSHA inspection and appeal process creates several unique landmines for California employers.
Of particular significance in the coming year, California employers should be on the lookout for a new permanent E-Recordkeeping injury data submission rule, a new focus on finding Repeat violations, and the roll-out of several new California-unique rules.
Participants in this webinar learned about:
"Unexpected Energization" Still Essential to Require Lockout/Tagout Despite Controversial OSHA Rulemaking
May 15, 2019 May 17, 2019 Daniel C. Deacon Leave a comment
By Dan C. Deacon and Eric J. Conn
After years awaiting the fate of OSHA's controversial proposed change to write the term "unexpected energization" out of its Lockout/Tagout ("LOTO") standard, OSHA just announced its new Final Rule of Phase IV of the Standards Improvement Project ("SIP"). The SIP process was designed to allow OSHA a simplified rulemaking path to make non-controversial changes to fix minor issues with existing standards. The SIP IV proposal included numerous minor adjustments to a variety of existing OSHA standards, but one seemingly major change to the LOTO standard. Specifically, the Obama Administration's OSHA slipped into SIP IV a controversial proposal to revise the scope provision of the LOTO standard to remove the term "unexpected energization" as a prerequisite for the requirements of the LOTO standard to kick-in. After an outcry by the regulated community, this proposed change to the LOTO standard was removed from the Final Rule. However, OSHA signaled it will likely re-visit the issue again in a separate LOTO rulemaking.
History of Standards Improvement Project
OSHA initiated the "Standards Improvement Project" (SIP) during the Clinton Administration, and and there have been a series of four SIP rulemakings since. The Project was intended to allow OSHA to efficiently make non-controversial changes to confusing, outdated, or duplicative elements of OSHA standards and to to align standards across industries and make it easier for employers to understand and comply with safety and health regulations. Continue reading →
It's a Bird. It's a Plane. It's… an OSHA Inspection Drone?
April 19, 2019 April 19, 2019 Kate M. McMahon Leave a comment
By Eric J. Conn and Kate McMahon
We have for several years now heard about our military's and intelligence agencies' use of unmanned drones to conduct secret surveillance of our geopolitical adversaries and terrorists across the globe. We may even take comfort in the use of these high-tech mobile video cameras hovering above a terrorist hide-out to foil a plot against our country. What may be less comforting to employers in the U.S., however, is that OSHA seems to have borrowed the playbook from our spy agencies to assist their inspectors in conducting inspections of U.S. workplaces.
OSHA's Drone Policy Memo
On May 18, 2018, OSHA issued an internal policy memorandum to its field offices, announcing that it has begun using Unmanned Aircraft Systems, commonly referred to as drones, to assist with worksite enforcement inspections, as well as for technical assistance and training purposes. For now, OSHA's new drone policy requires "express consent from the employer" before a drone is deployed in an inspection, but that limitation is simply a policy decision that can change with the political winds blowing in Washington, DC, or ignored by the agency without explanation as we recently saw with OSHA's "Look Back" policy for issuing Repeat citations.
OSHA's drone policy memorandum, entitled "OSHA's Use of Unmanned Aircraft Systems in Inspections," expressed that the purpose of drone inspections is to assist OSHA compliance officers gather information at worksites that may otherwise be difficult or dangerous to inspect from the ground. The drone memo sets forth Continue reading →
OSHRC Dramatically Expands Interpretation of "Interconnected" for PSM-Coverage
April 1, 2019 April 2, 2019 Micah Smith Leave a comment
On March 28, 2019, the OSH Review Commission released its decision in Sec'y of Labor v. Wynnewood Refining, OSHRC, Nos. 13-0644 & 13-0791. In a fairly brief opinion, the Commission affirmed the decision of the ALJ on two significant issues:
the PSM standard applied to a utilities boiler; and
OSHA inappropriately relied upon the citation history of a prior owner in characterizing citations as Repeat.
Expanding PSM Coverage
With regard to PSM applicability, the decision is framed as a response to the arguments raised in the refinery's brief, but it does not directly address the arguments raised by the amicus brief filed by AFPM and API. The Commission began its discussion of PSM applicability by evaluating the meaning of the definition of "process," in particular how to interpret this phrase:
"For purposes of this definition, any group of vessels which are interconnected and separate vessels which are located such that a highly hazardous chemical (HHC) could be involved in a potential release shall be considered a single process."
The Commission held that, in order to prove a group of vessels qualify as a process, OSHA may prove either that a) the group of vessels are interconnected or b) separate vessels are located such that an HHC could be involved in a potential release. With surprisingly little analysis, the Commission held that this was the plain meaning of the terms of the standard, and the Commission did not evaluate at all whether OSHA's interpretation deserved deference. (Note: Chairwoman MacDougall disagreed that this was the plain meaning of the terms, but she agreed that OSHA's interpretation of the definition deserved deference.)
This decision gave no credence to the arguments made by the refinery and the amici, which both urged the Commission to find that interconnected vessels be considered a single process only if there is a reasonable probability that an event such as an explosion would affect the interconnected vessels. Continue reading →
11th Cir. Deals a Big Blow to OSHA's Inspection Authority
February 20, 2019 February 25, 2019 Lindsay A. DiSalvo Leave a comment
By Eric J. Conn and Lindsay A. DiSalvo
OSHA's enforcement authority, specifically as it relates to the agency's ability to expand an unprogrammed inspection beyond its original scope, has been limited, at least for employers in the Southeast. Late last year, in United States v. Mar-Jac Poultry, Inc., the U.S. Court of Appeals for the 11th Circuit affirmed a district court decision to quash an administrative inspection warrant that would have permitted OSHA to expand an inspection of Mar-Jac Poultry, Inc.'s ("Mar-Jac") poultry processing facility in Georgia, initiated as a partial scope inspection in response to a single, specific reported injury, to become a comprehensive inspection under a Regional Emphasis Enforcement Program. This decision is important for employers because OSHA's inspection authority has generally been understood to be quite broad, and judges have generally deferred to OSHA when applying the applicable administrative probable cause standard to OSHA's inspection authority. But in Mar-Jac, the 11th Circuit determined that an unprogrammed inspection initiated as a result of a specific reported injury could not lawfully be expanded to include other areas of the facility, other hazards unrelated to the specific reported injury, and other aspects of Mar-Jac's safety program, because the evidence presented by OSHA in support of its warrant application was inadequate to establish reasonable suspicion of the presence of violative conditions unrelated to the reported injury.
Background of the Case
OSHA decided to inspect Mar-Jac's poultry processing facility in Georgia after the facility called OSHA to report a serious injury that resulted in an in-patient hospitalization on February 4. 2016. The injury occurred on February 3rd, when an employee attempted to repair an electrical panel with a non-insulated screwdriver, resulting in an arc flash and serious burns to the employee. After receiving the injury report, OSHA opened an unprogrammed inspection at the facility on February 8th. At that time, OSHA asked the employer for consent to inspect both Continue reading →
2019 Update on OSHA's E-Recordkeeping and Significant Injury Reporting Rules [Webinar Recording]
January 31, 2019 March 11, 2019 Eric J. Conn Leave a comment
On February 12, 2019 Lindsay DiSalvo and Dan Deacon from Conn Maciel Carey LLP's national OSHA Practice presented a webinar regarding: "Updates About OSHA's E-Recordkeeping and Significant Injury Reporting Rules."
OSHA's controversial E-Recordkeeping Rule has been challenged and criticized by stakeholders since its inception, and finally, in January 2019, the Trump Administration unveiled its Final Amended Rule. However, the Amended Rule did not go nearly as far as many expected or hoped. Indeed, the Amended Rule eliminated only the requirement for large establishments to submit 300/301 data, but did nothing to alleviate the data submission burden on smaller employers, and did not address the controversial anti-retaliation provisions (e.g., limits to post-injury drug testing and safety incentive programs) at all.
Not to be confused with E-Recordkeeping, OSHA's Significant Injury and Fatality Reporting Rule has created significant new interactions between employers and OSHA since its update in 2015. Many employers still wrestle with the nuances of when and how to report significant injuries involving hospitalizations, amputations, and fatalities to OSHA. In particular, employers are struggling to determine what constitutes a reportable hospitalization and amputation.
During this webinar, participants learned: Continue reading →
OSHA's New Site-Specific Targeting Inspection Initiative
December 3, 2018 Eric J. Conn Leave a comment
After years of wondering how OSHA could possibly manage and use data collected under the 2016 E-Recordkeeping Rule, the agency has finally revealed its hand. Last month, OSHA launched its Site-Specific Targeting 2016 ("SST-16") inspection plan, which outlines the agency's strategy to target establishments for inspection based on the 300A data collected by OSHA under its Final Rule to Improve Tracking of Workplace Injuries and Illness (i.e. the "E-Recordkeeping Rule").
What is OSHA's SST-16 Inspection Plan?
The SST-16 Inspection Plan is OSHA's site-specific targeting inspection plan for non-construction workplaces that have 20 or more employees. The Plan is based on the calendar year 2016 300A injury and illness summary data that employers submitted to OSHA via OSHA's Injury Tracking Application (aka, the E-Recordkeeping Portal) in December 2017.
Employers should not be surprised by OSHA's site-specific targeting plan, as this is not a novel program for OSHA. SST was the grandfather of all OSHA enforcement emphasis programs. Prior to 2014, SST programs used injury and illness information collected under the former OSHA Data Initiative to target the agency's inspection resources.
OSHA believes the SST Program is "program helps OSHA achieve its goal of ensuring that employers provide safe and healthful workplaces by directing enforcement resources to those workplaces with the highest rates of injuries and illnesses."
The SST-16 Plan selects individual establishments for inspection based on their CY 2016 300A injury data submitted under the E-Recordkeeping Rule. OSHA has created a software that will generate a list of targeted establishments for enforcement from this pool of data. The targeted establishments will be those with Continue reading →
Announcing Conn Maciel Carey's 2019 OSHA Webinar Series
November 26, 2018 November 21, 2018 Eric J. Conn Leave a comment
We are now two years into the Trump Administration, and we have seen a mixed bag of changes in the OSHA enforcement and regulatory landscape. We have watched some late Obama-era OSHA rules get repealed by the Congressional Review Act or delayed and amended through deregulatory rulemaking. We have seen some efforts to boost up the VPP Program and other cooperative programs—the sorts of policy shifts at OSHA many expect in a transition to a republican administration. However, we have also been surprised by OSHA increasing the number of inspections, setting records for the number of $100K+ enforcement actions, and continuing to issue hard hitting press releases. And most surprising of all, OSHA still does not have a Senate-approved Assistant Secretary—the longest ever wait for a permanent OSHA Administrator.
As we move into the out years of Pres. Trump's first term, we expect more reshuffling of OSHA's enforcement priorities and policies, and more surprises, so it is critical to stay abreast of OSHA developments. This complimentary 2019 OSHA Webinar Series, presented by the OSHA-specialist attorneys in Conn Maciel Carey's national OSHA Practice Group, is designed to give employers insight into changes and developments at OSHA during this unpredictable time.
To register for an individual webinar, click the registration link in the program descriptions below. To register for the entire 2019 Series, click here to send an email request, and we will get you registered. If you missed any of our OSHA programs, here is a link to our webinar archive.
2019 OSHA Webinar Series – Program Schedule
OSHA Year in Review & 2019 Forecast
Tips to Survive an OSHA Inspection
Tuesday, July 23rd
Updates on OSHA's E-Recordkeeping and Serious Injury Reporting Rules
Joint- and Multi-Employers, Contractors and Temps
OSHA's New Site-Specific
Targeting Enforcement Program
Tuesday, March 19th
OSHA's Electrical Safety Standards – Top 5 Risks and Mistakes
Tuesday, September 24th
Responding to 11(c) Retaliation Claims & Employee Safety Complaints
Tuesday, April 16th
What You Need to Know About OSHA's Health Exposure Standards
Tuesday, October 22nd
New Cal/OSHA Enforcement Issues
Tuesday, May 28th
OSHA PSM and EPA RMP Update
Tuesday, November 19th
The Fate of Numerous Midnight Obama-Era OSHA Rules
Workplace Violence & Harassment – OSHA & Employment Law Issues
Tuesday, December 17th
See below for descriptions of the webinars and registration links Continue reading →
Process Safety Update: The Latest with OSHA's PSM Standard & EPA's RMP Rule [Webinar Recording]
November 7, 2018 November 19, 2018 Eric J. Conn Leave a comment
On November 13, 2018, Eric J. Conn, Micah Smith, and Beeta Lashkari of Conn Maciel Carey's national OSHA Practice Group presented a webinar: "Process Safety Update: The Latest with OSHA's PSM Standard & EPA's RMP Rule."
Following the tragic West Fertilizer explosion in 2013, then-President Obama issued an Executive Order directing OSHA, EPA and other agencies to "modernize" the way the government regulates chemical manufacturing processes. OSHA and EPA took sweeping actions in response to the Executive Order, from enforcement initiatives (like the second wave of Refinery PSM NEP inspections) to rulemaking and interpretation letters to overhaul OSHA's PSM and EPA's RMP regulatory landscape.
Then President Trump took office with a de-regulatory agenda. Just days into office, key safety and environmental regulations were delayed or repealed, new political leadership was installed, and enforcement policies were reexamined. So where does that leave OSHA's and EPA's efforts to change the structure of process safety management?
This webinar reviewed the status and likely future of OSHA's PSM Standard and EPA's RMP Rule, and other major safety and health related developments rolling out in the early stages of the Trump Administration.
Key Takeaways from the Inaugural Process Safety Summit in Washington, DC
November 6, 2018 November 6, 2018 Eric J. Conn Leave a comment
Key Takeaways from the Inaugural
Process Safety Summit in Washington, DC
By the national OSHA Practice at Conn Maciel Carey LLP
The Inaugural Process Safety Summit in Washington, DC on October 23, 2018 was a huge success. The event allowed the more than 160 safety and legal representatives from the petroleum refining, chemical manufacturing, paper manufacturing, and fertilizer industries to hear from and share with senior federal government officials from OSHA, EPA and the Chemical Safety Board, both through interactive panel discussions and breakout roundtable discussions. The agency panels and facilitated discussions covered topics ranging from enforcement under the Trump Administration, to the status of OSHA's PSM and RMP Rulemakings, candid debates about major issues in dispute in recent PSM and RMP case, and practical discussions about how to prepare for the next round of inspections under OSHA's new PSM National Emphasis Program and how to comply with RMP in the wake of the new Amendments and the imminent Rescission Rule.
The day began with welcome remarks from Eric J. Conn, Chair of Conn Maciel Carey's national OSHA Practice. Eric set two themes for the Summit:
the importance of candid discussions between regulators and the regulated community; and
the near-term risk of agencies working to upend the historical performance-oriented paradigm of the process safety regulatory framework.
Too often, OSHA and EPA representatives complain that Industry "can make up the rules as it goes along." – Tweet from David Michaels, Former Assistant Secretary of Labor for OSHA.
Statements like that imply a haphazard approach to process safety that it is not reflected by the diligent work of refiners and manufacturers across the country. Our experience shows a much different take on process safety. We hear about all of the ways that process safety is evolving, much more often on Industry's own initiative than in response to a regulatory action. We watch how lessons are being learned and applied from incidents and experience. We see how much time is spent trying to anticipate the kinds of issues that could cause a process safety incident. And we feel a regulatory backlash, when process safety problems are most often found in outliers or with operations not even covered by OSHA's or EPA's process safety regulations.
More importantly, remarks about Industry making up the rules as it goes along also reflect a flawed belief by regulators that Continue reading →
In the Wake of Criticism of the E-Recordkeeping Anti-Retaliation Rule, OSHA Issues New "Guidance"
November 1, 2018 October 31, 2018 Eric J. Conn Leave a comment
By Eric J. Conn and Beeta B. Lashkari
On May 11, 2016, OSHA published its Final Rule for injury and illness recordkeeping electronic data submissions — what we refer to as the E-Recordkeeping Rule. The rule fundamentally changed OSHA's long-standing injury and illness recordkeeping program by requiring injury and illness data to be proactively shared with OSHA, which intended originally (and still, but after some delay) to publicize the data for all the world to see. The 2016 E-Recordkeeping Rule required:
All establishments with 250 or more employees in industries covered by the recordkeeping regulation to submit to OSHA annually their injury and illness data and information from their OSHA 300 Logs, 301 Incident Reports, and 300A Annual Summaries.
Establishments with 20-249 employees in select "high hazard industries" to annually submit information from their 300A Annual Summaries only.
In addition to the electronic data submission requirements, the E-Recordkeeping also introduced (out of left field) some new anti-retaliation restrictions that were intended to eliminate employer policies that may discourage employees from reporting injuries, purportedly for the nefarious purpose of reducing the numbers of injuries the employer has to share with OSHA. These anti-retaliation provisions included very generic, vague language, but through a series of memos, interpretation letters, and other guidance, we have learned that the anti-retaliation elements primarily restrict employers' use of safety incentive programs (prizes for injury-free work), post-incident drug testing, executive compensation and bonuses, and post-incident discipline. Although none of those terms even appears in the 2016 regulatory text, OSHA included a panoply of new restrictions impacting very common workplace policies and programs in the Preamble to the Final Rule. For more information about the controversial anti-retaliation elements of the E-Recordkeeping Rule, check out our previous blog post.
Since promulgation in May 2016, implementation of all aspects of the Rule has been mired in difficulty. Continue reading →
All You Never Wanted to Know about OSHA Repeat, Willful & Egregious Violations [Webinar Recording]
October 4, 2018 November 6, 2018 Eric J. Conn Leave a comment
On October 16, 2018, Eric J. Conn and Amanda R. Walker of Conn Maciel Carey's national OSHA Practice Group presented a webinar: "Everything You Never Wanted to Know about OSHA Repeat, Willful and Egregious Violations."
During the Obama Era, OSHA sharpened its enforcement teeth considerably by rewriting policies to characterize more violations as repeat and willful, and by significantly increasing its civil penalty authority. Now, OSHA violations characterized as Repeat or Willful carry penalties up to approx. $126,000 each. But what are Repeat and Willful violations? And what are these "Egregious" (or per-instance) citations OSHA has been issuing more and more often that lead to multi-million dollar enforcement actions?
This webinar covered the legal standard for Repeat, Willful and Egregious violations, the circumstances most often associated with them, the consequences for receiving them, and how OSHA's enforcement policies have resulted in significant increases in the frequency with which we see them.
Participants in this webinar learned: Continue reading →
Confounding Expectations, OSHA Enforcement in the Trump Administration Is On the Rise
October 3, 2018 Beeta B. Lashkari Leave a comment
Based on the rhetoric from the 2016 presidential campaign trail, it was reasonable for Industry to anticipate OSHA enforcement under a Trump Administration to contract significantly from the aggressive enforcement model employed by Pres. Obama's OSHA. Informed by the enforcement philosophies of past Republican administrations, the expectation was that a Pres. Trump / Sec. Acosta OSHA would scale back enforcement, favor compliance assistance, slash OSHA's budget and staff to limit enforcement, retire national and local emphasis enforcement programs, revise enforcement policies that inflate civil penalties, and otherwise retool its approach to ease the regulatory burden on employers.
The reality, however, is that OSHA during the Trump-era has not backed down from its enforcement mission. Quite to the contrary, relevant enforcement data reveals enforcement creep. With still no Trump-appointed Assistant Secretary of Labor for OSHA in place nearly two years into the Trump Administration, career OSHA staff have considerable influence over the direction OSHA is steering, and that is why little has changed, and why change may not be on the near horizon.
Here are some of the key ways that OSHA enforcement is hardly distinguishable two years into the Trump Administration from OSHA during the Obama Administration:
OSHA's FY19 budget is increasing by $5M from the end of the Obama-era (nearly $560M total)
The number of employees at OSHA dipped at the start of the Trump Administration, but it has restored to roughly the same as the end of the Obama-era (approx. 2,000)
The number of National and Local Emphasis Enforcement Programs remains essentially the same (approx. 150 Local/Regional Emphasis Programs and 9 National Emphasis Programs), including new or retooled NEPs for petroleum refineries and trenching
The total number of fed OSHA inspections actually increased from 31,948 in FY2016 to 32,396 in FY2017 (the first year over year increase in the number of inspections in nearly a decade)
Delinquent State OSH Plans, Particularly Cal/OSHA, Catch-up with Fed OSHA's E-Recordkeeping Rule
September 27, 2018 September 27, 2018 Daniel C. Deacon Leave a comment
By Eric J. Conn and Dan C. Deacon
When fed OSHA promulgated the Final Rule to "Improve Tracking of Workplace Injuries and Illnesses" (aka the E-Recordkeeping Rule) in 2016, it built into the Rule a mandate that all State Plans adopt substantially identical requirements to the final E-Recordkeeping Rule within six months after its publication. However, because State Plans all have their own legislative or rulemaking processes, they cannot simply snap their fingers and instantly adopt a new Rule even if required to do so by fed OSHA. Also importantly, the State Plans, as well as all employers in the regulated community, were getting mixed signals about the future of the E-Recordkeeping Rule from fed OSHA under the new Trump Administration.
Accordingly, although most of the 20+ State Plans acted promptly to promulgate their own version of the E-Recordkeeping rule, leading up to the first injury data submission deadline last year, several State OSH Plans had not yet adopted their own version of an E-Recordkeeping Rule. Specifically, as of the end of 2017, these eight State Plans had not yet adopted (and some, like California, had not even started the process to adopt) an E-Recordkeeping Rule:
California (Cal/OSHA);
Washington (WA DLI, WISHA, or DOSH);
Maryland (MOSH);
Minnesota (MNOSHA);
South Carolina (SC OSHA);
Utah (UOSH);
Wyoming (WY OSHA); and
Vermont (VOSHA).
Given the uncertainty of the fate of the E-Recordkeeping Rule after the transition to the Trump Administration and OSHA's announcement that it would soon issue a Notice of Proposed Rulemaking to revisit the E-Recordkeeping Rule, each of these State Plans except for Vermont OSHA continued to delay adopting the Rule even as we approached the second data submission deadline of July 2018. And that is when fed OSHA started to speak up.
OSHA's April 30, 2018 Press Release
On April 30, 2018, OSHA issued a press release announcing that employers in all State Plan States (not the State Plans themselves) must implement OHSA's E-Recordkeeping Rule. In the press release, OSHA states that it had determined that:
Section 18(c)(7) of the Occupational Safety and Health (OSH) Act, and relevant OSHA regulations pertaining to State Plans, require all affected employers to submit injury and illness data in the ITA, "even if the employer is covered by a State Plan that has not completed adoption of their own state rule."
State Plan State Responses
The remaining seven State Plan States provided conflicting responses to fed OSHA's directive Continue reading →
D.C. Circuit's "Inadvertently Issued" Mandate puts RMP Amendments into Effect for a Weekend
September 6, 2018 September 6, 2018 Micah Smith Leave a comment
By Eric Conn, Micah Smith, and Beeta Lashkari
Late last Friday, August 31, 2018, the D.C. Circuit unexpectedly granted Petitioners' request to expedite the issuance of the Court's mandate to strike down the delay of EPA's 2017 RMP Amendments. As we previously reported, the D.C. Circuit held on August 17, 2018, that EPA acted improperly when it issued a final rule delaying the effective date of a certain set of amendments made to EPA's RMP Rule (the "Delay Rule"). Providing for a full rehearing petition period, and absent any action from the Court, the mandate for this decision would have issued at the earliest on October 8, 2017. On August 24, 2018, however, Petitioners filed a motion to expedite, asking that it issue no later than September 7, 2018.
Petitioners' arguments focus on the public's "strong interest" in the prompt issuance of the mandate due to "the serious and irreparable harm and imminent threats to public health and safety that EPA's Delay Rule is causing," and they point to the 14 months of delay that has already occurred as evidence of the need for expedited relief.
And in a nod to current events, Petitioners claim that time is now of the essence because of the impending hurricane season, specifically mentioning the OIG's investigation of EPA's preparedness and response efforts to Hurricane Harvey in 2017.
Under the Federal Rules of Appellate Procedure, EPA and the Intervenors are afforded 10 days to file oppositions to Petitioners' Motion, so those oppositions had not yet been filed on August 31.
After the Court issued the mandate late on Friday, August 31, several motions for reconsideration were filed by EPA and Intervenors, but the Court's closure over the 3-day weekend left all the parties in suspense, anxiously trying to determine the implications of the decision.
After a long weekend of suspense, the Court ordered EPA to return the mandate on September 4, noting that the responses to Petitioners' Motion were not yet due. The Court also briefly noted that it appeared "that the court's mandate inadvertently issued" the previous Friday. EPA returned the mandate on the same day.
But now that EPA and the Intervenors have filed oppositions to Petitioners' Motion to expedite the issuance of the mandate, what comes next? Continue reading →
OSHA's Policy of Public Shaming: Status and Future under the Trump Admin. [Webinar Recording]
August 13, 2018 September 4, 2018 Eric J. Conn Leave a comment
On August 21, 2018, Eric J. Conn and Aaron R. Gelb of Conn Maciel Carey's national OSHA Practice Group presented a webinar: "OSHA's Policies of Public Shaming: the Status under the Trump Admin. and the Future."
As a small budget agency, OSHA has long looked for policies that will leverage individual enforcement actions to have the greatest impact on Industry. That is the origin of OSHA's controversial policy of "Regulation by Shaming." During the Obama Administration, employer shaming became a significant enforcement tool and came in many forms, from increasing use of enforcement press releases that included embarrassing and inflammatory quotations about employers, to maintaining a public bad actors list in connection with the Severe Violator Enforcement Program, and the pièce de résistance – publishing a Rule by which OSHA will collect and publish employers' injury and illness data and details about fatalities.
The Trump Administration has signaled it will take a different approach to public shaming, but at the very least, the vestiges of these policies still remain, and some Administration actions suggest they are here to stay.
During this webinar, participants learned about:
OSHA Announces Proposed Changes to its Controversial E-Recordkeeping Rule — Industry Comments Are Needed
August 6, 2018 August 7, 2018 Eric J. Conn 3 Comments
By the OSHA Practice at Conn Maciel Carey LLP
After years of advocacy for change to (or to rescind) OSHA's controversial Obama-era rule to "Improve Tracking of Workplace Injuries and Illnesses" (aka the E-Recordkeeping Rule), and a transition to the de-regulatory platform of the Trump Administration, OSHA has taken a step (hopefully just the first step) to pare down the E-Recordkeeping Rule. Specifically, OSHA announced a Notice of Proposed Rulemaking to amend the E-Recordkeeping Rule. While the proposed change will undoubtedly be welcomed by Industry, the scope of the proposed change, however, does not address most of the fundamental concerns employers have repeatedly raised about the controversial rule.
The Proposed Rule includes only one significant change to the current regulation. The proposal seeks to eliminate the requirement for the largest employers, those with establishments with 250 or more employees, to annually submit to OSHA the data from their 300 logs and 301 detailed incident reports of recorded injuries and illnesses via OSHA's new online web portal. However, the proposal leaves intact the concerning requirements for these large employers and many smaller employers to annually submit 300A annual summary data via OSHA's electronic portal.
Perhaps even more concerning to employers than leaving in place a portion of the electronic data submission requirements, the proposed rule does not disturb in any manner the highly controversial "anti-retaliation" provisions, or the interpretations of those provisions included in the 2016 final rule preamble. In addition to establishing requirements for electronic submission of injury and illness recordkeeping data, the 2016 E-Recordkeeping Rule endeavored to restrict employers' rights to adopt employee injury reporting policies and expanded OSHA's enforcement authority by introducing a vague new set of "anti-retaliation" provisions.
Particularly controversial was the Continue reading →
Important Cal/OSHA Issues that California Employers Must Track [Webinar Recording]
June 29, 2018 August 12, 2018 Andrew J. Sommer 1 Comment
On July 10, 2018, Conn Maciel Carey attorneys Andrew J. Sommer, Eric J. Conn, and Megan S. Shaked presented a webinar: "Key Cal/OSHA Issues that California Employers Must Track."
Of particular significance, in the coming year, California employers can expect an uptick in Cal/OSHA penalties as result of two significant changes, one adopting higher maximum civil penalty authority, and the other changing how the agency finds and cites violations characterized as Repeat.
Unlock the Mysteries of OSHA's Lockout/Tagout Rule (PART 2 of 2 – Five Common LOTO Mistakes)
June 20, 2018 October 26, 2018 Eric J. Conn Leave a comment
By Eric J. Conn and Aaron R. Gelb
For a host of reasons, it is vital for employers to get compliance with OSHA's standard for the "control of hazardous energy (Lockout/Tagout)" (29 C.F.R. 1910.147) (LOTO) right, but it also happens to be one of the least understood and most often botched set of regulatory requirements in OSHA's portfolio of standards.
This two-part article lays out:
[Part 1]: 5 reasons it is critical for employers to ensure compliance with OSHA's LOTO Standard; and
[Part 2]: 5 common mistakes employers make implementing LOTO requirements.
Part 1 Summary: Five Reasons it is Critical to Get LOTO Right
As we discussed in Part 1 of this two-part article, there are five important OSHA enforcement reasons why it is vital for employers to truly grasp OSHA's regulatory requirements for lockout/tagout (LOTO) and implement them.
Those 5 reasons are:
Amputation Injuries Create Special Reporting Obligations
LOTO Citations are Low Hanging Fruit for OSHA
OSHA is Actively Pursuing LOTO Violations with a National Emphasis Program
LOTO Violations Qualify for the Severe Violator Enforcement Program
LOTO Violations are Among the Most Used for OSH Act Criminal Prosecutions
For a detailed discussion about those reasons, check out Part 1 of this two-part article.
Part 2: Five Common LOTO Mistakes
This part details the five most common mistakes and misunderstandings associated with OSHA's regulatory requirements for LOTO.
1. Confusion about When the LOTO Standard Applies
Normal production operations are not covered by the LOTO standard. Rather, the requirements of OSHA's LOTO standard kick in during servicing and/or maintenance, or any production activity that requires an employee to remove or bypass a guard or other safety device, or if an employee is required to place any part of his or her body into an area on a machine or piece of equipment where work is performed upon the material being processed. Otherwise, the employer is expected to install and maintain appropriate guards that protect employees as required by 1910.212, OSHA's machine guarding standard.
While the LOTO and machine guarding standards tend to complement each other—one protects employees during normal production operations (guarding), while the other protects employees during servicing or maintenance (LOTO). Technically, OSHA may not cite the Continue reading →
Unlock the Mysteries of OSHA's Lockout/Tagout Rule (PART 1 of 2 – Five Reasons to Get LOTO Right)
June 8, 2018 October 26, 2018 Eric J. Conn 1 Comment
For a host of reasons, it is vital for employers to get compliance with OSHA's standard for the "control of hazardous energy (Lockout/Tagout)" (29 C.F.R. 1910.147) right, but it also happens to be one of the least understood and most often botched set of regulatory requirements in OSHA's portfolio of standards.
This two-part article will lay out:
[Part 1]: Five reasons it is critical for employers to ensure compliance with OSHA's LOTO Standard; and
[Part 2]: Five common mistakes employers make when implementing the LOTO requirements.
Part 1: Why it is Critical for Employers to Get LOTO Right
The list could be much longer, but we have identified five enforcement-related reasons why it is particularly important for employers to fully grasp OSHA's LOTO requirements and to implement them effectively.
Before we get to the enforcement reasons for strict LOTO compliance, let's first note that the associated hazards that LOTO was designed to protect against are serious and frequently realized. Workers performing service or maintenance on machinery face the risk of serious injuries and even death, if hazardous energy is not properly controlled. The most common types of injuries from unexpected energization during maintenance are amputations or lacerations to body parts, as well as electrocutions, burns, and crushing/struck-by.
OSHA reports that "craft workers, electricians, machine operators, and laborers are among the 3 million workers who service equipment routinely and face the greatest risk of injury. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation." OSHA also explains that the failure to control hazardous energy accounts for 10% of the serious accidents in most industries.
While employers should never lose focus from that important safety reason to focus on LOTO, the purpose of this article is to address the numerous regulatory enforcement reasons that getting LOTO right is uniquely important.
1. Amputation Injuries Create Special Reporting Obligations
Amputations, which is one of the primary hazards intended to be addressed by effective LOTO, is one of the only specific injury types for which there is a special duty for employers to proactively to report to OSHA. Continue reading →
Joint and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Issues [Webinar Recording]
On June 5, 2018, Jordan B. Schwartz, Eric J. Conn, and Lindsay A. DiSalvo of Conn Maciel Carey, presented a webinar regarding "Joint and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Law Issues."
Employers' perceptions about their legal responsibilities for certain workers is not always reality, particularly in the context of oft-changing interpretations of what constitutes an employer-employee relationship. An employer may classify workers as a temp or independent contractor, but that does not mean DOL agrees. At the tail end of the Obama Admin., DOL issued guidance that a majority of workers should be treated as employees, insinuating that in most cases, employers are accountable for the obligations of an employer-employee relationship. However, the Trump Admin. appears is shifting gears. That guidance was withdrawn by new Sec. of Labor Acosta. Congress has also begun to undercut the broad joint-employer standard established by the NLRB in Browning-Ferris, by revisiting language in applicable laws. It remains essential for employers to carefully evaluate employment relationships and their own functions in the multi-employer context.
Even if there is no legal employer-employee relationship, companies may have safety obligations and liability depending on their role at multi-employer worksites or when using temporary workers. Protection of temporary workers was a priority of OSHA in the prior Admin., and the guidance developed in that context remains the current standard for host employers and staffing agencies. OSHA has also stood by its multi-employer policy, though it is being challenged in federal court.
Participants in this webinar learned about: Continue reading →
Tug-of-War Between Fed OSHA and the State OSH Plans over the E-Recordkeeping Rule
May 17, 2018 June 29, 2018 Eric J. Conn 1 Comment
By Eric J. Conn, Dan Deacon, and Beeta Lashkari
A fascinating jurisdictional tug-of-war has broken out between federal OSHA and a few fed OSHA approved State OSH Programs, in relation to OSHA's Final Rule to "Improve Tracking of Workplace Injuries and Illnesses" (aka the E-Recordkeeping Rule). The E-Recordkeeping Rule requires large employers and smaller employees that operate in certain "high hazard industries" to proactively submit their electronic injury and illness data to OSHA through a special web portal – the Injury Tracking Application ("ITA").
State Plan Adoption of OSHA's E-Recordkeeping Rule
When fed OSHA promulgated the Rule in 2016, it built into the Rule a mandate that all State Plans adopt substantially identical requirements to the final E-Recordkeeping Rule within six months after its publication. However, because the State Plan states all have their own legislative or rulemaking processes, they cannot simply snap their fingers and instantly adopt a new fed OSHA rule.
Most of the 20+ State Plans acted promptly to promulgate their own version of the E-Recordkeeping rule, ahead of the deadline to submit data the first year of the Rule, but as of the end of 2017, when employers' 2016 300A data was due to be submitted, eight State Plans had not yet adopted (and some, like California, had not even started the process to adopt) an E-Recordkeeping Rule. Those states included:
The delay by these States has primarily been a result of fed OSHA's numerous announcements that it will soon issue a Notice of Proposed Rulemaking to amend (or rescind) the federal E-Recordkeeping Rule. The State Plans have been reluctant to invest the time and resources to implement their own versions of the rule, only to watch fed OSHA change it, causing the states to have to change their own rules again very soon.
Of those eight states, only Vermont has since finalized its E-Recordkeeping Rule this year, and the other seven remain delinquent in their obligation to adopt the Rule.
Last year, fed OSHA and those eight state plans apparently recognized that only employers in fed OSHA states or State Plan states that had already adopted the E-Recordkeeping rule were required to submit their 300A data to OSHA. This year, however, fed OSHA spoke up about the delinquent states. Continue reading →
Latest on OSHA's E-Recordkeeping and Anti-Retaliation Rule [Webinar Recording]
May 7, 2018 May 29, 2018 Eric J. Conn Leave a comment
On May 15, 2018, Amanda Strainis-Walker and Dan C. Deacon of Conn Maciel Carey's national OSHA Practice Group presented a webinar: "The Latest on OSHA's E-Recordkeeping and Anti-Retaliation Rule."
OSHA's controversial Electronic Recordkeeping and Anti-Retaliation Rule was promulgated in May 2016. Despite a barrage of negative comments during the rulemaking, multiple enforcement deferrals, and two legal challenges that have been stayed pending the Trump Administration's re-evaluation of the Rule, all elements of the rule are currently in effect. Indeed, last December, hundreds of thousands of workplaces, for the first time, submitted their injury and illness recordkeeping data to OSHA through its Injury Tracking Application (ITA) web portal.
The Trump Administration is ready to announce its future plans for the E-Recordkeeping Rule, signaling that it will publish a Notice of Proposed Rulemaking to revise (or potentially rescind) the Rule later this month. However, the extent of the revisions to the rule remain unknown, and the timing is key as we approach July 1, 2018, the deadline for the second round of injury data submissions.
Andrew J. Sommer
Amanda Strainis-Walker
Beeta B. Lashkari
Bryan Carey
Daniel C. Deacon
Lindsay A. DiSalvo
Kate M. McMahon
Micah Smith
Theresa Green
Categories Select Category Cal/OSHA Employment Issues Environmental Issues Government Program Hazard Communication Healthcare Industry Injury & Illness Recordkeeping Judicial Decisions Labor and Union Issues MSHA Issues OSHA Enforcement OSHA Inspections OSHA Rulemaking OSHA Webinars Process Safety Management Special Emphasis Programs SVEP Uncategorized Whistleblower Enforcement Workplace Violence
OSHA Webinar Series
OSHA Inspection Toolkit
OSHA Injury Reporting Flow Chart
Conn Maciel Carey's Other Blogs:
Responding to OSHA 11(c) Retaliation Charges, Employee Safety Complaints, and Rapid Response Investigations July 11, 2019
Fate of Obama-Era OSHA Regulations and Enforcement Policies Under the Trump Administration July 8, 2019
[Webinar] Preparing for and Managing OSHA Inspections and Citations June 28, 2019
Fate of Midnight Obama-era OSHA Rules [Webinar Recording] June 7, 2019
Key Cal/OSHA Issues California Employers Must Track [Webinar Recording] May 16, 2019
Conn Maciel Carey LLP


LOCK HAVEN – The city originally planned a total of three free outdoor events this weekend, but now one has been rescheduled.
Due to anticipated high water at the floating stage, The Chris Ruble Band concert scheduled for this Sunday is rescheduled for Sunday, Aug. 19 at 6:30 p.m.
This means the weekend of Aug. 19, which is also the weekend of the LH JAMS Festival (Lock Haven Jazz and Arts on Main Street) will feature not one, but two concerts on the floating stage. Those concerts are by Chicago Authority on Saturday, Aug. 18 at 5:30 p.m., which dove-tails with LH JAMS, and The Chris Ruble Band the following evening, at the usual time of 6:30 pm.
The free outdoor events in Triangle Park are still on the schedule.
And on Saturday, the city's Free Outdoor Movie Series starts with the animated film "Leap!" (PG) shown in the park on the big, inflatable screen, starting at dusk (8:45 p.m.). The movie series is sponsored by UPMC Susquehanna Lock Haven.


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Itohan
Hasnaa and Omer
Sanawar
In the same boat
Itohan became a victim of human trafficking at the age of 16. She was forced to prostitution for five years, until she had paid a debt of 40,000 euros. She came to Finland as an asylum seeker and has started raising awareness about trafficking in humans.
Itohan Okundaye comes from a poor Nigerian family. She has had to work since the age of 12, and, at 15, she had to drop out of school as her family could not afford her tuition. When a family member offered Itohan work in Europe, she decided to seize the opportunity, even though she knew the work might lead her into prostitution. At least she would be able to make some money and help her younger siblings pay for their tuition. Later, she could get a better job and maybe go to school.
Itohan arrived in Italy with high hopes. After her arrival, she was told that she owed a human trafficker EUR 40,000 for the travel arrangements. The only work available was prostitution. She had no choice as she might have otherwise been arrested for illegal entry and sent back to Nigeria. That would have put Itohan's entire family at risk due to the debt incurred by the trip.
The years spent in Italy included violence, abuse and incidents with the local authorities. Thanks to a residence permit obtained with forged documentation, Itohan was able to continue working to pay off the debt. However, this proved difficult as various expenses took up most of her income. The obligatory expenses included housing, work clothes and protection money, even the spot on the street where she stood at night. After five years, she finally managed to pay off the debt, but the human trafficker demanded more money.
Finally, Itohan was able to break loose from prostitution. She met a nice man and got pregnant. The man, however, was not ready to be a father, leaving Itohan to fend for herself. She was not entitled to social security as she had no documented work history in Italy. Itohan had heard of Finland: a country where education is held in high regard and human rights are respected. She left Italy in February 2014, arrived in Finland and applied for asylum.
Her child was born two months later in Helsinki. In December 2014, Itohan and her son were transferred from Helsinki to the reception centre of Kristinestad. Itohan's asylum process was long and complicated, and all the waiting caused a lot of frustration. It is difficult to find work in a small town as an asylum seeker.
In the autumn 2016, Itohan was denied asylum and was returned to Italy, only to be sent back to Finland on the same day as the Finnish authorities had not informed the Italian authorities of the child travelling with her. The waiting continued. In October 2017, the Supreme Administrative Court issued an order to again return Itohan and her son to Italy. The decision could no longer be appealed.
According to human rights associations, victims of human trafficking with children should not be returned to Italy as the families face a risk of ending up on the street and once again becoming victims of the human traffickers. In November 2017 Itohan made one more application, for a residence permit for a victim of human trafficking. The uncertainty continued.
However, Itohan refused to give up— she started working to prevent human trafficking in a non-governmental organization FinnWID – Finnish Women in Development. She has been touring around Finland, talking to people about human trafficking and raising money for a project designed to develop young women's opportunities to receive education and a livelihood in Nigeria.
In January 2019, Itohan received the decision on residence permit for a victim of human trafficking. It was negative. As Itohan's work against human trafficking had received media attention, the deportation decision was also covered in a lot of media, including Yle and Helsingin Sanomat. The Finnish Immigration Services promised to take her case for inspection. Finally, in September 2019 a new decision came. Itohan and her child had been granted one year's residence permit with a possibility to apply for a continuation.
Itohan and her son were finally offered integration services. They moved to their first apartment outside reception centre, the child started day care, and in the beginning of year 2020, Itohan started formal Finnish language studies. The years of stress were finally behind them.
Itohan wants to study and continue her work against human trafficking. She wants to inspire people with her story, do something meaningful and take back the years— basically her entire youth— spent as a victim of human trafficking.
anna.kuokkanen@gmail.com +358 40 7399391 © 2022 Anna Kuokkanen

redpajama_set_name: RedPajamaCommonCrawl


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CNBC: Scott Rostan on: Here's how much new MBA grads are earning"
Al Riddick July 23, 2018 CNBC, News Leave a comment
https://www.cnbc.com/2018/07/23/heres-how-much-new-mba-grads-are-earning.html
Many newly minted MBA graduates have entertained several job offers, with many of those positions paying $125,000 or more.
Still, not all business school graduates are happy with their employment prospects.
Lorie Konish | @LorieKonish
Published 12:12 PM ET Mon, 23 July 2018 Updated 12:58 PM ET Mon, 23 July 2018
The future looks bright for some MBA graduates, but not all newly minted business school grads are optimistic.
Many new MBA graduates — 46 percent — have had job offers for $125,000 or more, according to a new survey from Training the Street, a provider of educational courses to organizations including Wall Street banks and MBA programs.
That salary level is a "bit higher" than previous years, according to Scott Rostan, founder and CEO of Training the Street.
Strong competition for talent — in investment banking and capital markets, as well as other areas — is helping to fuel an overall increase in salary, Rostan said.
"When you're getting three, four offers from banks, and if you just do the math and think about that, that means a lot of firms are competing for the same people and the same talent," Rostan said. "If you're a talented person, you're going to be in high demand."
Many business school grads have their pick for which opportunity to take. More MBA students — 28 percent — have received three or more job offers, up from 22 percent one year ago. More than half of students surveyed said they are "very satisfied" with those offers.
Not all new MBA grads were as happy, according to the survey. The number of MBA students who said they were satisfied with their job offers fell to 32 percent, from 45 percent one year ago.
The number of students who said they are dissatisfied with their offers doubled, to 14 percent, from last year. Some of those students may have had to take positions in different cities and/or industries than they intended, Rostan said.
And the portion of new grads who did not get a job offer — 17 percent — remained the same.
Most MBA grads found their jobs through on-campus interviews, according to the survey.
Of the cities where they would prefer to work, most business school students said New York, followed by Chicago and San Francisco.
The survey included 262 students, of whom 158 were full-time MBA students.


According to Reverend Al Sharpton, smoking weed is a political statement.
At 62 years old, the reverend is a civil rights activist, Baptist minister, talk show host, and former advisor to President Barack Obama. He's aso been an outspoken advocate about the need for reform in marijuana policy and diversity in the cannabis industry. He's even been a keynote speaker at events like the Cannabis World Congress and Business Expo in both Los Angeles and New York.
In an interview with MERRY JANE, Sharpton discussed his experience during the Obama administration, observing people who had been harshly impacted on account of committing low-level, nonviolent drug offenses.
"When I was able to see first hand a lot of people whose lives were ruined, families shattered because of a joint, when President Obama left office and the first thing the Trump administration says is, 'We're going to start the War on Drugs again, we're against the legalization of cannabis,' I said no we need to not go and reverse that because I saw first hand what it does," Sharpton explained.
First, marijuana law reform is about health issues, he said, emphasizing how ridiculous it is that legislators are still debating whether an elderly person, for instance, should be allowed to relieve their pain with cannabis. "Are we really that insensitive that we're going to let medically proven remedies not be used because we have some archaic view?" Sharpton asked.
As for the argument that if weed were legal, kids would be smoking, the same thing could be said about alcohol or cigarettes, which are legal and regulated. To pick and choose isn't right, suggested Sharpton. "I cannot believe that we are still in a mentality amongst some that we feel we can choose other people's lives," he said.
Meanwhile, not only is personal freedom and the right to medical treatment an issue with regard to legalization, but also diversity, as well. Only one percent of all dispensaries are owned by African Americans. The industry needs to ensure that blacks, Latinos, and women all have equal access to capital so that it can be inclusive of everyone, he said.


LORO PIANA military style jacket comes in a dark taupe cotton blend twill with a zip closure, button placket, zip chest pockets, patch flap military pockets, optional notch lapel, and detachable padded liner. Made in Italy. New With Tags. Retails: $2,825.00. Marked: IT 52 Measurements: Shoulder: 19 in. Chest: 48 in. Sleeve: 26 in. Length: 32 in.


Max Mattei is a local resident of Massachusetts and a graduate of The Art Institute of Boston, with continued studies at Mass Art. A graphic designer and photographer, Max describes himself as "An artist immersed in the visual arena". The fusion of Max's strong design background with his keen appreciation and unique perception of the world around him is reflected in the diverse body of work he has created. Tireless in the pursuit of his chosen subjects, he studies them over and over again, tracking the light and shadows, observing the many nuances in play until just the right moment arrives when he can capture the images that will finally convey the story he is trying to tell. His pictures are an invitation for the viewer to engage and remember what surrounds and sustains us each and every day if we only take the time to really see.
Max has been featured in Cape Cod Life and Boston Magazine. His art hangs in many prominent institutions and businesses, such as Logan Airport and Granite Medical, as well as in the homes of private collectors. Max's work is currently on display at the Blue Heron Gallery in Wellfleet, The Artful Hand in Chatham and The Stuart Clifford Gallery in Provincetown. He has been a guest artist at G-19 in Rockport, Tree's Place in Orleans and Kent Newton Salon Gallery in Boston.


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BiographyReleases
Noam Chomsky, a renowned linguist and political activist, was born in Philadelphia, Pennsylvania on December 7, 1928. In 1955, he received his Ph.D from the University of Pennsylvania; he conducted much of the related research at Harvard University between 1951 and 1955. Since completion of his graduate work, Chomsky has taught at Massachusetts Institute of Technology (MIT), where he has held the Ferrari P. Ward Chair of Modern Language and Linguistics since 1965. Among his many accomplishments, he is most famous for his work on generative grammar, which developed from his interest in modern logic and mathematical foundations.
Chomsky has had a long involvement in political activism, generally leaning towards a socialist and anarchist perspective. He became known for his opposition to the United States' involvement in the Vietnam War during the late 1960's.
In 1969, he published a book of essays, "American Power and the New Mandarins," which is considered to be one of the most substantial arguments ever against U.S. involvement in Vietnam.
His subsequent written works and lectures continue to expose the hypocrisy of U.S. foreign policy and the detrimental role of large corporations and the mainstream media.
Seminal books by Chomsky include:
Towards a New Cold War (1982)
Pirates and Emperors (1986)
On Power and Ideology (1987)
Necessary Illusions: Thought Control in Democratic Societies (1989)
World Orders, Old and New (1994)
Chomsky continues to be an outspoken critic of the current world order, and of the U.S. government in particular, as witnessed by his incisive statements following the September 11th attacks.
Noam Chomsky has written dozens of books and released about a dozen CDs as well, some via AK Press. His lectures draw over 2,000 people and are usually booked 1 year in advance.
https://chomsky.info/
All requests, invitations, questions, and general correspondence for Noam Chomsky should be directed to Valeria Chomsky's email address, available at:
https://chomsky.info/about/
Since Professor Chomsky receives literally hundreds of e-mails per day, however, we ask that correspondents exercise responsibility and discretion before writing him.
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Visit the Exploratorium's classic Tactile Dome after dark
Peter Hartlaub August 13, 2018Updated: August 14, 2018, 3:46 pm
The Tactile Dome at the Exploratorium in San Francisco was created in 1971. Photo: Courtesy Exploratorium
The Tactile Dome has been a centerpiece of the Exploratorium educational experience since it was created near the Palace of Fine Arts almost a half century ago, and it has remained a must-visit spot since the museum moved to Pier 15 in 2013.
The dome was the brainchild of August Coppola, father of actor Nicolas Cage and brother of filmmaker Francis Ford Coppola. It's a sphere-like exploration chamber, filled with mazes and chambers in total darkness, designed to help visitors better explore their sense of touch and sound.
The dome is a reservation-only exhibit, generally open during the Exploratorium's daytime hours. But the Exploratorium occasionally offers special evening hours after the museum closes — including on Friday and Saturday, Aug. 17-18. (The dome is also open on the evenings of Aug. 24-25.)
Capacity is limited. Make sure to make reservations at the Exploratorium or call 415-528-4444 (option 5).
Tactile Dome evening hours: 6:15 and 7:30 p.m. Friday and Saturday, Aug. 17-18. $12-15. Exploratorium, Pier 15 Embarcadero at Green St., S.F. 415-528-4444. www.exploratorium.edu
Peter Hartlaub
Peter Hartlaub Peter Hartlaub is The San Francisco Chronicle's pop culture critic. Email: phartlaub@sfchronicle.com Twitter: @PeterHartlaub
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Kissing your dog could actually be good for your health, scientists claim.
Researchers at the University of Arizona in the United States believe giving a pooch a peck may encourage the growth of positive microorganisms in the human body.
They say the microbes contained in a dog's gut could have a probiotic effect on humans, promoting "good" or "helpful" bacteria, especially in the digestive system.
The scientists hope to prove their hypothesis in a new study. Participants will be paired with a dog and live with the animal in their home for three months, during which time their gut bacteria will be evaluated.
Diet, physical activity levels and immune function will also be evaluated in the human participants, while the gut bacteria and physical activity levels of the dogs will be measured as well.
The tests will be carried out at the beginning of the research and then repeated after one, two and three months to find out if there have been any positive impacts in the humans or the dogs.
Check out our range of Pet Insurance" href=http://www.helpucover.co.uk/product/pets/page/protecting-your-pet>Pet Insurance policies to see how they could help if the worst happens to your animal.


Popular Installing Recessed Lights In A Suspended Ceiling Pictures - Seek advice from the format sheet to decide the distance from the wall to the first go tee. Measure this distance along the pinnacle flange of the primary tee and locate the slot just past this point. From this slot, measure lower back the equal distance, subtract 1/8" and noticed the principle tee at that factor. The 1/eight" subtraction is for the thickness of the wall angle. If the wall angles aren't rectangular, function the go tee slots for that reason. When essential tees are installed in rooms much less than 12 toes across, reduce the primary tee to the precise measurement of the room, permitting 1/eight" for the thickness of the wall attitude. For rooms wider than 12 ft, the principle tee may be spliced. Make sure to align the splice so that the suspension wires are efficaciously positioned. Splice carefully, or all the primary tees can be thrown off.
Fasten the wall angles securely in any respect points. Nail them to studs, or use screw anchors or different fasteners on brick or masonry partitions. Function the wall attitude so that the lowest flange rests on the level line you have got drawn on the wall. Overlap the wall perspective on inner corners, and miter the wall angle on out of doors corners. Make a transient wooden miter box if you do not have one. Cut any wanted angles with metal slicing snips or a hacksaw.
If recessed lighting are being established, location the wiring earlier than setting the suspension wires in place. For recessed lighting fixtures, use both 2" x 2" or 2" x 4" drop-in lighting fixtures, which are specially designed for this purpose. Fluorescent mild fixtures can also be centered over the panels and a luminous lay-in panel can be used rather than a ordinary ceiling panel.
Main tees ought to continually run at proper angles to the joists in the room. Locate the location of each main tee via stretching a tight line from the top fringe of the wall perspective on all sides of the room at each position where the principle tees are to be placed.
Determine the exact peak at which the suspended ceiling will be installed. Allow no less than three to 4 inches for clearance among the old ceiling and the brand new ceiling. Understand that additional clearance may be required if recessed lighting is getting used.


Unfortunately, those expenses are nothing compared to the overall costs of "raising" an adult child. Today's parents are quickly finding out that their children could end up costing them far more after leaving the nest than they did before.
As of 2017, the U.S. Department of Agriculture estimated that parents spend an average of $233,000 on each child before he or she turns 18. But, according to a new study cosponsored by Merrill Lynch Wealth Management and AgeWave, the most costly time to have kids is when they're actually adults.
The study looks at parenting from three unique stages—infant and toddler, elementary through high schooler, and adult. Only 11% of the 2,500 parents surveyed said the infant and toddler stage was the most expensive for them when raising their children.
Furthermore, more than 80% of the respondents said that the infant and toddler stage was actually the least expensive part of parenthood. Most did admit, though, that this time brought about the greatest lifestyle changes. Approximately half of the mothers surveyed said they left the workforce for a substantial amount of time following the birth of their child and changed jobs afterward to create greater flexibility in their schedules. Fathers were more likely to switch jobs to improve their pay and benefits as well as take on second jobs or extra hours to meet their family's new financial needs.
A perk of the expenses associated with the infant and toddler stage is that many of the items purchased retain some sort of resale value. New parents are always looking to save money on cribs, strollers, and baby clothes—and garage sales are a great way for parents to get rid of items they don't need and prepare for the rising costs ahead.
And those costs will rise quickly once children reach school age. They require payments for extracurricular activities, school supplies, and the emergence of new childhood hobbies. Let's not even talk about the high costs of private schools and tutors for parents who choose those routes.
Unfortunately, clothes that elementary, middle, and high schoolers grow out of take a beating—and don't quite have the same resale value as a pristine infant onesie that was only worn twice, if they retain any resale value at all.
The teenage years brings with them "toys" that only increase in price, as attentions turn to iPhones, computers, and cars. Both parents and children often fold to peer pressure at this stage, with 69% of surveyed parents saying that they felt they needed to provide for their kids the same luxuries that their friends have.
That need to keep up with the Joneses can get expensive really quickly.
But even those costs are small change compared to price tag associated with adult children. More than 45% of survey respondents said that the adult years were the most expensive stage of parenthood—especially when you factor in the ever-rising costs of college tuition and books, cars, groceries, and weddings, as well as occasional deposits into a checking account when money gets thin.
In 2018, tuition and fees for four years at an in-state public college averaged approximately $39,000—and private institutions routinely surpass their average of $143,000. In addition to those massive costs, many of the parents surveyed said that they also chip in for other expenses, including rent, vacations, and cell phone or cable services.
Roughly one in eight of the surveyed parents said that they spend, on average, approximately $6,600 each year on their adult children. That's more than double the average amount they contribute to their own retirement accounts.
One mother surveyed even said that she delayed her retirement a full eight years, and worked well into her 70s to financially support her daughter, whose husband had medical issues that kept him from working a full-time job.
These are dilemmas we all may face one day as parents, and decisions we shouldn't take lightly. Many parents see money simply as a means to an end; the point of earning it is to achieve happiness. If your version of happiness is seeing your child succeed, then contributing to his or her well-being into adulthood may make sense for you.
The most important thing parents can do, though, is to properly budget what they have and project their savings into retirement. And then follow that up with a sincere conversation with their children about what they can afford to contribute and what their limits are.
Are you ready for the cost of your child's adulthood? What are you doing to prepare for the oncoming expenses?


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Sidney Moorer asks state supreme court to overturn obstruction of justice conviction
by: Kevin Accettulla
HORRY COUNTY, S.C. (WBTW) — Sidney Moorer, who was convicted in 2019 of kidnapping Heather Elvis, has asked the South Carolina Supreme Court to overturn his obstruction of justice conviction.
The appeal states that while Moorer lied to officials when he said he didn't call Elvis from a pay phone, within 10 seconds he admitted to the call. The appeal argues that the lie didn't interfere with the investigation.
The appeal also states that by Moorer lying, it caused investigators to do a more thorough investigation than they would have if Moorer didn't lie.
"By any measure, having the police conduct a very thorough investigation surrounding the disappearance of a young woman would not be the equivalent of hindering or impeding the investigation," the appeal states.
The appeal states if Moorer told the truth, investigators wouldn't have gone to the payphone the night of the incident because the conversation happened days after. The appeal also claims the lead investigator admitted he would've investigated the case the same way, even if Moorer was never interviewed.
The appeal claims the state failed to provide any evidence that Moorer did anything with the intent to "prevent, obstruct, impede, or hinder" the investigation.
Moorer was sentenced to 30 years for kidnapping and obstruction of justice. His wife Tammy was sentenced to 30 years for kidnapping Elvis. Investigators believe Elvis was in a relationship with Moorer, leading to motive for her disappearance.
Elvis went missing in the early morning hours of Dec. 18, 2013 from Peachtree Boat Landing. Her body has never been found.
Moorer's previous appeal of his obstruction of justice conviction in July was denied.
More South Carolina News Stories
by MEG KINNARD and BILL BARROW, The Associated Press / Jan 21, 2021
COLUMBIA, S.C. (AP) — The Democratic National Committee is set to formally elect Jaime Harrison of South Carolina as chairman on Thursday, signifying an early alignment between newly inaugurated President Joe Biden and state party leaders around the country.
The party's post-inauguration meeting, with election of a full slate of new officers, will take place virtually, reflecting continued concerns over the coronavirus pandemic. Vice chairs on the roster include Atlanta Mayor Keisha Lance Bottoms, Michigan Gov. Gretchen Whitmer, Illinois Sen. Tammy Duckworth and U.S. Rep. Filemon Vela Jr. of Texas.
CPD: Suspect wanted for aggravated assault


Neurodiagnostic exams are performed to effectively treat neurological diseases and conditions of the nervous system. The exams detect electrical activity that occurs in the brain, spinal cord and other nerves in the body. Electroencephalograms (EEG) are performed for cerebral activity and Electromyograms (EMG) for studying muscles and nerves. Certified neuron-technologists are present to assist in monitoring neurosurgical procedures.
Clean head of hair. No hairspray, oils, or hairpieces. Patients can take their medications. Patient should use a minimal amount of caffeine on the day of the test. Bring a list of current medications. A technician performs the test. Measurements are taken of the head, and leads are placed in specific spots with a small amount of cream and tape. There is no discomfort with this exam. The length of time is approximately 1 hour. A neurologist will read this exam and a report will be sent on to the ordering physician.
(16 years and older) Stay awake for 24 hours, unless otherwise directed by physician. Follow instructions for routine EEG above.
(3 -15 years) Keep awake 12 hours before the test, unless otherwise directed by physician. Follow instructions for routine EEG above. Age two years and younger, keep child awake longer the night before and get them up earlier than normal the day of the test. Keep child awake until the time of the test, so we may attain some sleep during the test.
Clean head of hair. No hairspray, oils or hairpieces. Wear a button-down shirt, nothing over the head. A technician will take measurements of the head, and place leads on the head with a small amount of glue. The patient then wears the leads home with a recording monitor for either 24, 48, or 72 hours as directed by their physician. The patient then returns on the appropriate day and time assigned by the technician to have all the leads removed. The patient should allow approximately 1 hour for the hook up and a half hour for removal. A neurologist will review this exam and a report sent to the ordering physician.
All four exams require a clean head, with no hairspray, oils or hairpieces. Each exam takes approximately one half hour. If upper or lower SSERs are ordered, the patient should use no lotion or oils on arms and legs. Leads are placed on the head, and arms and legs when SSERs are ordered. If VERs are ordered, patient should bring their glasses if they wear them. If BAERs are ordered, patient should let the technician know if they have any significant hearing loss from either ear. With SSERs there is some discomfort, but not intolerable. These exams will be performed by a technician, read by a neurologist, and reports will be sent back to the ordering physician.
The EMG is used to detect neuromuscular disorders (nerve and muscle problems). EMG and NCS are important diagnostic tools that can help detect the cause of problems, such as muscle weakness, numbness, spasms, paralysis or pain. They can determine if the problem involves the nerves, muscles, spinal cord or brain. The EMG measures the electrical activity of muscles. The NCS can measure the speed and intensity of electrical signals that travel along the nerves and the time it takes muscles to respond to these signals.
This exam may be ordered on any one extremity, or as many as all four extremities, depending on your physician's request. This procedure may take anywhere from 45 minutes to an hour. Have no lotions or oils on your body. Frequently the technician will perform the NCS, followed by the EMG, which is performed by a doctor.
The technician will take some measurements and apply some electrodes to specific spots on the extremity being tested. The technician then uses a stimulator that sends tiny electrical impulses through the patient's nerves and these responses are recorded. The patient may feel some tingling. This tiny "shock" is unusual, but harmless.
One or more needle electrodes are gently inserted into the muscles being tested. You may feel some pain, a dull ache or pressure as the electrode is inserted. The electrodes may be moved to get readings from different sections of the muscle, you may be asked to slowly flex the muscle. To prevent infection, these needle electrodes are used just once and then discarded.
Tell the technician prior to the EMG study if you are on any blood thinners, bruise easily, diabetic, have any skin infections, or have any allergies to metal or latex.
After the procedure you may experience some tenderness in the areas tested, but this should subside in a few hours. To relieve discomfort, apply ice or a cold pack wrapped in a cloth to the tender area.
A report should be ready for your physician within 24 hours.
Clean head of hair. No hairspray, oils or hairpieces. Patient will be confined to bed during this testing. Special care is needed if video monitoring is ordered; please do not move equipment around or patient will not be videotaped. A technician will hook up 22 electrodes to patient's head and 2 on their chest. These electrodes do not hurt. It may take 30 minutes for an initial hook-up.
This monitoring is used for patients that may have status epilepticus, pseudoseizures, altered mental status, or sub-clinical seizures. This monitoring assists the neurologist in prescribing the correct medications for treatment. This monitoring may last a few hours to several days.
Using the mouse, locate the yellow circle (this is in between a green and red circle) and click on it. This will pause the recording. Follow the electrodes on the head to the headbox, squeeze on both sides of the cord and pull apart from headbox. If going for an MRI or CT Scan of the head, all electrodes need to be removed. Any staff member may take off the electrodes.
Once the monitoring has ended, a neurologist will review and dictate a report.


Why does your organization exist, and why should anyone care? Organizations exist to perform—period. Be for-profit or non-profit, they all exist to do something, make a product, or supply a service.
Today, many employers say they're having trouble retaining their younger employees—specifically Millennials. At 82 million strong, Millennials are the workforce of the future. Studies have shown they want to work where they can make a difference and contribute to something bigger than themselves.
It's imperative to realize that the people in your organization—especially young people—are the fuel to your long-term success, and the one person who affects that outcome more than any other is the frontline manager. Fortunately, there are five defined pillars of success that managers can rely on to help them succeed in their aim to boost employee retention.
1. Engage employees with a compelling vision of what is expected, and provide the mission to achieve that vision. Why? What's in it for the employee to want to achieve for you? People respond when they are doing or contributing to something bigger than themselves. When national crises such as earthquakes or hurricanes occur, people are driven to volunteer not because they have to, but because they want to. Your vision and the culture you create are the reasons you exist.
Tell your people that without them doing what they do you wouldn't achieve the results that you desire. The way employees view a job and its role in their life is evolving. Employees don't just come to work for a paycheck. They seek a purpose, the opportunity to do what they do best every day, and to lead a life they desire for their families and themselves.
2. Make decisions based on productivity. By keeping your eye on the goal and having your people similarly focused, everyone will understand why certain decisions are made and can buy in. If disagreements occur in discussions they are welcomed because they are focused on achieving a better outcome toward the end objective. When disagreements occur, be sure to ask what the ultimate goal is.
4. Have the assertiveness to drive outcomes. Are you more concerned with the process or the outcome? Managers are in place to strive for positive outcomes. Employees may find ways to produce an outcome that the manager never thought of. Provide employees the freedom to experiment and try new ways of doing things. Keep progress results in front of the employees. If they do not see the progress they are making as a team, they will lose interest over time and productivity will wain.
When your staff see that their work is making a difference they will continue to contribute. If you avoid providing appropriate feedback on your employees' progress, you'll immediate notice a decline in the contributions of team members. Remember, feedback is the breakfast of champions—be generous with your thoughts and expectations.
5. Create a culture that you want. Culture impacts every aspect of how you get things done, from hiring and developing the talents of the employees to customer service. Define your desired culture and then take it from words to actions. If you don't like the culture you currently have or the results that you are currently obtaining, you are the only person who can change it. Your actions have to mirror what you desire. Do you allow the negative behavior to go unchallenged? Realize negative behavior brings down all your good employees. Your employees are watching and if they see you doing nothing, your lack of action has sent a powerful message. You don't care!
Employees are not going to care if the manager doesn't care. When employees know that the manager truly cares about them as a people, they will walk through fire for the manager. When people believe the manager doesn't care the employees will let the manager walk off a cliff. This caring gets to the heart of employee engagement.
By creating a workplace where people want to come to work instead because they have to come to work managers will see positive changes. Most people don't wake up in the morning and say, "I think I will do a bad job today." Help them achieve the results necessary for the organization, but in a way that each and every employee's contribution is recognized and appreciated.


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El bombardeig de Jaén va ser un atac aeri realitzat sobre aquesta ciutat l'1 d'abril de 1937, en el transcurs de la Guerra Civil espanyola, per part de la Legió Còndor de l'Alemanya nazi, que combatien en favor dels revoltats. Les estimacions actuals de víctimes xifren els morts en 159 morts entre la població civil i uns centenars de ferits. S'ha arribat a comparar amb el bombardeig de Guernica, esdevingut dies després.

Motivació de l'atac
El bombardeig de Jaén va ser ordenat a la Legió Còndor alemanya que era l'encarregada de dur a terme missions aèries arreu d'Espanya com a suport de l'Alemanya nazi a les tropes de Franco, pel general Gonzalo Queipo de Llano com a resposta al bombardeig de Còrdova per l'exèrcit republicà, amb el que fou una operació de càstig contra la població civil de Jaén, amb la finalitat d'aterrir la població civil i desmoralitzar al bàndol republicà.

Atac
L'atac va ser per sorpresa, ja que la ciutat no era un enclavament militar destacat ni en ella s'hi desenvolupava cap combat, per la qual cosa la població no estava preparada, no existien bateries antiaèries, ni es va donar cap alarma.

L'atac es va produir d'una sola passada, a les cinc i vint de la tarda, hora que quedà marcada diversos dies en el rellotge de l'Església de San Ildefonso que es va bloquejar. Els avions van envoltar Jabalcuz i van arribar a la ciutat a baixa altura, distribuïts en dues formacions en forma de tascó.

Conseqüències

Represàlies. "Saques del '37"
Com a resposta al bombardeig i com a venjança, es va dur a terme una saca de presos des de l'endemà i fins al 7 d'abril, el bàndol republicà va començar una forta repressió que causà la mort de 120 o 130 persones -mateix nombre de víctimes que es creia havia causat el bombardeig- que romanien detingudes a la presó provincial, van ser afusellats la majoria en les tàpies del cementiri de Mancha Real.

Refugis antiaeris
Després d'aquest bombardeig es va impulsar a la ciutat la construcció de sis refugis perquè la població es protegís en cas que repetissin els atacs aeris.

Orgue de la catedral
L'immens orgue de la catedral va ser desmuntat, i se'n van instal·lar els tubs al castell i a les torres de la mateixa catedral, de manera que simulaven l'existència d'un gran nombre de bateries en la privilegiada posició en la qual es troben els dos edificis.

Referències

Bibliografia

Bombardejos de la Guerra Civil espanyola
Jaén
Esdeveniments del 1937

redpajama_set_name: RedPajamaWikipedia


Photos are the best way of preserving those special memories, so make your most treasured photo stand out with one of these fantastic engraved sliver plated photo frames. The classy silver finish will add a touch of elegance to whatever special snap lies behind the glass. Whether it is a photograph of your wedding day, your first grandchild, or a big birthday, this personalised photo frame is just the ticket. You can even add a special date or message to the top and bottom!
When shopping for a super-special present for an important occasion, there's nothing better than a personalised gift. Our gorgeous 7 by 5 silver photo frame can be suited to any age and event! Simply add a message of your choice of up to 60 characters in length. This will be engraved onto the frame, with 30 characters across the top and another 30 on the bottom. That's plenty of space for a name and date, a congratulatory message, or an in-joke!
For a wonderful touch, why not pop a memorable photo into the frame before you give it to your lucky recipient? Or leave it empty so they can add their own memories - either way it's a delightful gift! The only difficult decision they'll face is where to display their engraved silver photo frame. We recommend somewhere prominent, such as a mantelpiece or shelf, so all your family and friends can admire it. A gift they're sure to love, order yours today.
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On Wednesday, President Donald Trump gave his response: He will be even more chaotic and rageful going forward.
He raged at the media, renewing his "enemy of the people" accusation, telling CNN's Jim Acosta "you are a rude, terrible person" and accusing an African-American journalist, PBS' Yamiche Alcindor, of asking "such a racist question" because she dared to inquire about Trump's self-declaration as a "nationalist" emboldening white nationalists.
And then, the coup de grace: Soon after the news conference ended, Trump announced that he had ousted Attorney General Jeff Sessions. He hadn't even bothered to tell Sessions himself. Trump replaced him with a loyalist, Matthew Whitaker, who has publicly criticized special counsel Robert S. Mueller III's Russia probe and speculated about ways to end it.
Though the Sessions firing had been expected after the election, Trump's handling of it renewed a sense of looming crisis. Trump, before announcing the ouster, again declared the Russia probe "a hoax" and asserted that support for Mueller had fallen.
It's difficult to see the appointment of Whitaker, stripping Deputy Attorney General Rod J. Rosenstein of authority over the Mueller inquiry, as anything but an attempt to shut down a probe that has already earned criminal convictions against several Trump advisers.
The defiance of the electorate is breathtaking. Republicans appear to have lost nearly 35 House seats, seven governorships, more than 225 state legislative seats and six legislative chambers. And Republicans' House losses would be higher if not for gerrymandering.


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Travelling Within Cities
LGBTQI+ guide to Cardiff
The Wales Millennium Centre, Cardiff
The compact Welsh capital offers so much for a city of its size: from the culture and heritage of its historical centre to the cutting-edge architecture of Cardiff Bay waterfront and its lively LGBTQI+ scene, expect to fall in love with the city's infectious buzz and welcoming charm. Explore our guide to LGBTQI+ Cardiff for the lowdown on the best neighbourhoods, hotels and events in the city.
Although restrictions are in place for now, here's what you can look forward to once we're all able to travel again…
DAYTIME DIVERSIONS
For queer-positive books and zines, head to Cardiff's Shelflife Bookshop. Full of rare DIY-zines from independent creators and books raising the voices of the underrepresented, this is a thought-provoking shop full of undiscovered gems.
Fancy some serene scenes? Take a relaxing trip to Cardiff Bay, home to the tranquil Penarth Marina and waterside dining spot, Mermaid Quay. If you're longing for a day of retail therapy, you might prefer to explore the Victorian and Edwardian arcades and the vast St David's shopping centre.
Like the city itself, Cardiff's gay scene is small and compact – but with something for everyone. The main venues are focused around Charles Street and Churchill Way in the city centre, all within walking distance of each other.
A historic pub with a traditional glazed tile exterior, The Golden Cross is popular with a predominantly male, 30s crowd that likes to kick back with karaoke and cabaret. Lab 22 is a stylish little place for post-work or pre-club cocktails, The Main Stage Cabaret Bar brings live music, cabaret and drag acts to the scene. Spread across two floors and a roof terrace, The Kings is a large, modern bar attracting a young gay/lesbian/mixed crowd – it's the official pre-bar to gay dance club Pulse, which attracts a similar young, mixed crowd of party people and university students. Drag aficionados need look no further than Mary's, a favourite for karaoke and killer performances.
STYLISH STAYS
Voco St David's Cardiff
Voco St David's luxurious interiors and spectacular setting on Cardiff Bay has seen it voted one of the top UK's top 10 hotels by Conde Nast Traveller. Its renowned Marine Spa is great for celeb spotting, while its central location is in easy walking distance of the heart of the gay scene.
Maison Galles
Located a fifteen-minute walk west of Cardiff city centre, Maison Galles is a self-catering townhouse with stylish Welsh-French fusion décor. Close to the green spaces of Llandaff Fields and Bute Park, it houses up to eight guests and boasts quirky details like bespoke wall coverings, king-size French beds and a mix of antique and contemporary furniture.
Ty Rosa
Welsh for "pink house", Ty Rosa has earned accolades from TripAdvisor and Britain's The Times newspaper for its friendly, openly-gay attitude. There are five homely guestrooms in the main house, all stylishly decorated. It's located a fifteen-minute walk south of Cardiff city centre – but hosts Paul and Stuart will point you in the right direction.
DATES FOR THE DIARY
24 - 30 August | Pride Cymru
Showing its pride for all things LGBTQI+, in addition to all things Welsh, Pride Cymru (the Welsh language word for Wales) is usually a massive three-day event, where over 50,000 people come together to celebrate in the capital. Each year sees big-name Welsh and international pop acts performing live on the main stage, along with a cabaret garden, funfair rides, a cultural market with arts and crafts, and a family zone. This year's celebrations will take place online.
5 - 10 October | Iris Prize Festival
Held every October, the annual Iris Prize Festival is Cardiff's LGBTQI+ alternative to Cannes. During four days of international film screenings, panel sessions and parties, thirty short films by or about the LGBTQI+ community compete to win the top accolade, valued at £30,000.
Cardiff is situated on the south coast of Wales, 132 miles west of London. Regular trains connect Cardiff to London in just over two hours, while Cardiff Airport is served by numerous international airlines.
Explore our other LGBTQ+ city guides