Some employers have sophisticated, long-standing safety programs — and yet, may still be alarmed by an OSHA inspection that yields a number of costly citations. Some employers have no experience with OSHA — and they, too, can be surprised by the complexity of managing an OSHA investigation and resulting citations. Regardless of your previous OSHA background, our lawyers can assist you with health and safety compliance programs, advise you on responses to OSHA citations, and represent you in OSHA investigations and other matters arising out of a workplace crisis or a safety-related whistleblower complaint.

We represent employers in a range of industries. Recent experience with OSHA matters includes assisting companies in construction, cannabis production, health services, oil and gas, renewable energy, and various manufacturing industries.

Our workplace health and safety services include:

• Providing crisis response after a workplace accident or fatality. Depending on your needs, we can remain available for advice and support, or directly assist with managing a workplace crisis, including communicating with regulatory authorities, running an internal investigation, preserving privilege, and coordinating next steps. In addition to supporting the employer in a regulatory investigation, we represent employers facing lawsuits related to the incident.
• Defending OSHA enforcement actions. We help you develop a strategy after an OSHA inspection. Sometimes, proactive engagement on issues raised can help prevent enforcement action. After a citation is issued, we provide an appropriate defense, which could mean anything from negotiating a prompt settlement to vigorously contesting the entire citation. We pay careful attention to your needs and priorities. For example, an employer might not object to the citation itself, but need more time and flexibility on implementing abatement measures.
• Defending complaints on health and safety matters. Our counsel assist with immediate needs after a complaint is submitted to OSHA, including drafting a response and helping prepare for a potential inspection. Long-term, we defend whistleblower complaint investigations and work with the employer on adjusting policies and procedures to help prevent future issues.
• Counseling on health and safety matters in the employment context generally. We don’t just defend employers—we also provide proactive counseling on appropriate policies and risk management related to various occupational health and safety matters. Examples include reviewing workplace drug and alcohol policies from a safety perspective, advising employers on COVID policies, and counseling cannabis companies on the management of allergens in the workplace.
• Providing training and ongoing support. Our training and support could be company-wide or targeted to a particular substantive issue. In some cases, we work in conjunction with health and safety consultants.

Here are a few examples of how we have provided these services to clients:

• Crisis response—Our support after workplace incidents has included successful outcomes to OSHA investigations, including the resolution of an investigation into a warehouse fatality with no citations and no fines, and representation of a company in litigation after the fatality of a contractor’s employee onsite.
• OSHA defense—One of our attorneys represented a major hospital system in a comprehensive OSHA workplace violence investigation, with the end result that no citations were issued; it could have cost millions of dollars to implement abatement measures, if required by OSHA. Other examples include negotiating settlements where OSHA dropped citations and/or reduced penalties substantially.
• Whistleblower defense—One of our attorneys represented a company in an investigation involving a workplace safety complaint under the National Transit Systems Security Act (NTSSA) where OSHA closed the matter with no further action.
• Counseling—We provide ongoing support to companies in the cannabis industry that are addressing emergent concerns involving allergens in cultivation and production settings. A Client Alert from November 2023 highlighted the importance of proactively addressing these issues.
• Training and education—We provided a virtual training session for key personnel in multiple locations across the country on preparing for and managing an OSHA inspection. More generally, we write on topics of particular interest to our clients, such as a Law360 article from May 2024 about OSHA’s National Emphasis Program on Warehousing and Distribution Center Operations, with an emphasis on retail employers, and a Client Alert from October 2023 on workplace violence.

Insights

A Sea Change in Environmental Law: The Supreme Court Just Up-Ended Administrative Review and Enforcement As We Knew It

July 1, 2024

United States: The Supreme Court of the United States (Supreme Court) just handed down three blockbuster rulings and granted certiorari in a third case to be argued next term.

High-Hazard Retailers: Are You Prepared for an OSHA Inspection?

June 28, 2024

United States: The safety of warehouse workers is a topic of national concern.

New Reports on Potential Health Hazards from Occupational Exposure to Cannabis

November 21, 2023

United States: Cannabis cultivators and producers should pay close attention to a recent report from the U.S. Centers for Disease Control and Prevention (CDC) on a death attributed to occupational asthma, as well as an even more extensive discussion about the same event in a report published by the Massachusetts Department of Public Health (the “Massachusetts Report”).

View all insights for Occupational Safety and Health in the United States