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Erik Dullea

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As head of Husch Blackwell’s Cybersecurity practice group, Erik assists clients in all aspects of cybersecurity and information security compliance and data breach response. Erik previously served as the acting deputy associate general counsel for the National Security Agency’s cybersecurity practice group before returning to the firm in 2023.

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On October 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) on Heat Injury & Illness Prevention in Outdoor and Indoor Work Settings. 86 Fed. Reg. 59309 (Oct. 27, 2021). As announced in the ANPRM, OSHA is seeking information about the extent and nature of hazardous heat in the workplace and the nature and effectiveness of interventions and controls used to prevent heat-related injury and illness. Comments on the Proposed Rule must be submitted by December 27, 2021.

Because outdoor and indoor work settings that lack adequate climate-controlled environments pose a risk of hazardous heat exposure for workers, the proposed rule applies to both indoor and outdoor work environments.

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On October 25, 2021 the US Senate confirmed President Biden’s nominee Doug Parker to be the next Assistant Secretary of Labor and leader of the Occupational Safety and Health Administration (OSHA).  Mr. Parker will be the first Senate-confirmed leader for OSHA in over four years, as the Trump Administration never pursued a permanent head of…

On October 13, 2021, from 2:00 – 5:00 p.m. Eastern Time, the Occupational Safety and Health Administration (OSHA) will hold a virtual meeting (via telephone and Microsoft Teams) to receive public comments and suggestions regarding OSHA’s Whistleblower Protection Program.

Notably, the public meeting comes six weeks after OSHA announced a change in its interpretation of the whistleblower provision of the Occupational Safety and Health Act, encoded at 29 U.S.C. § 660(c)(1).

What does a legal column have to do with Humpty Dumpty or the zombie apocalypse? The answer lies in the Supreme Court’s Kisor v. Wilkie decision, which could change the way courts (including the Federal Mine Safety and Health Review Commission) decide what regulations really mean.

What test should a court apply when reviewing a claim that a mine operator discriminated against or interfered with a miner’s rights under Section 105(c) of the Mine Act? Recent Commission and Supreme Court cases, as well as a fully-staffed Mine Safety and Health Review Commission offer cautious signs of optimism for the industry.

The average mining operator now spends $20,000 per year on citations and penalties. In this must-attend conference for cost-savings, learn how to reduce or eliminate fines with the added benefit of improved safety conditions. With increasing citations, this workshop will prepare you to handle Mine Safety and Health Administration (MSHA) inspectors and their findings.