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Workplace Safety and Health PRINT FRIENDLY

We provide practical advice and guidance to employers in order to develop and achieve effective workplace safety and health management compliance programs within a wide array of industry sectors. In instances where OSHA, MSHA, or other safety-related agencies issue citations or seek enforcement, our attorneys routinely assist employers in navigating this process in an effort to minimize potential exposure to penalties and abatement measures.

General Safety and Health Compliance Counseling

Our attorneys consistently assist facilities with developing and implementing safety and health management programs in conjunction with existing corporate employment policies and procedures. Our goal is to minimize potential exposure and improve the overall safety program in a cost effective manner. With their technical background and depth of industry-specific experience, our attorneys understand the client’s operational and business challenges when conducting compliance audits under the attorney-client privilege, analyzing best practices concerning industry standards, training, and recordkeeping. Where appropriate, our attorneys may involve safety experts in this process to assess or evaluate whether certain (administrative or engineering) controls might further assist in managing potential exposures.

Enforcement

Regardless of the scope or degree of the potential enforcement matter (e.g., single citation or an OSHA Inspection pursuant to the National Emphasis Program), our attorneys are experienced and comfortable with navigating the various enforcement processes. We have a depth of experience in preparing management and supervisory personnel in anticipation of and through OSHA investigations. After the inspection and investigation phase, our attorneys are experienced in handling the OSHA informal conference phase or further defending an employer in litigation before the Occupational Safety and Health Review Commission in an effort to achieve the most favorable outcome. As abatement and corrective action requirements often follow the enforcement phase, our attorneys actively assist employers in developing abatement strategies to achieve regulatory compliance in the most cost-effective manner.

Representative Matters

  • Achieved a favorable settlement on behalf of pyrotechnics manufacturing facility that experienced a plant explosion with two fatalities and a subsequent six-month investigation conducted by OSHA, ATF, and Chemical Safety Board.
  • Represented a pipe manufacturing facility in separate, parallel six-month safety and industrial hygiene investigations and achieved favorable settlement and abatement terms. Following settlement, assisted the client in implementing routine safety audits, implemented engineering studies to address employee exposure concerns, and comprehensively revised the corporate safety program to reflect these changes.
  • Represented solid waste transportation company in contesting citation concerning hauling and waste load practices and successfully established alternative safety procedures for employees involved in waste loading activities.
  • Successfully contested a citation on behalf of a military contracting entity (refurbishing tanks) and developed alternative fall protection measures through an OSHA approved engineering study that proved to be safer and more functional for the employees.
  • Counseled a steel manufacturing facility through an internal investigation concerning potential employee exposures to lead. In the course of the investigation, worked closely with industrial hygienists and toxicologists and established a medical monitoring program.
  • On behalf of a pipe manufacturing facility, submitted application to and was granted a variance by Department of Labor Technical Director concerning fall protection measures associated with pipe extruding process.
  • Counseled a carbon fiber manufacturing facility through the OSHA Voluntary Protection Program (“VPP”) validation process.
  • Though the informal settlement conference process, successfully resolved citation claims against a pharmaceutical company concerning potential industrial hygiene exposure concerns and the appropriate personal protective equipment (“PPE”) required in the laboratory.
  • Routinely assist clients in conducting internal safety audits and developing or revising corporate safety policies, procedures, training and recordkeeping to more accurately reflect the potential safety concerns present at the facility.
  • Advised food and beverage client with respect to lockout/tagout, guarding and combustible dust issues.
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