The firm has a national practice in occupational safety and health law (OSHA), with extensive experience defending employers in OSHA investigations and citations brought by the federal Occupational Safety and Health Administration as well as by the state agencies that administer OSHA laws in about half the states. The firm’s lawyers have handled more than 220 fatalities at work, each one tragic.
The firm’s OSHA practice emphasizes prevention, through comprehensive safety policies, training, and implementation of best practices to enhance workplace safety. Guiding clients in the documentation of safety training and procedures is also a key to the defense of potential future OSHA citations.
When accidents happen, as they occasionally do, the firm’s lawyers are available 24/7 to provide crisis management, including handling OSHA inspections and investigations, media relations, grief counseling, and other emergency needs.
The firm’s lawyers are national OSHA counsel for clients who have operations from coast to coast, handling OSHA cases in dozens of states. The stature of the firm’s OSHA lawyers is reflected by their selection by the Arizona Attorney General to represent the State in the defense of the multiple OSHA citations arising out of the 19 fatalities involving the Granite Mountain Hotshot Crew during the Yarnell Hill Fire.
Examples of the range of OSHA services that the firm provides include the following:
- Drafting safety policies and handbooks to help improve worker safety and prevent potential violations.
- Counseling employers on specific measures to comply with OSHA standards.
- Addressing Personal Protective Equipment (PPE) requirements.
- Specialized expertise in fall protection requirements and issues.
- Training and advising company management and safety officers on steps to take in anticipation of and when OSHA inspections occur and the communications with OSHA following the inspection.
- Communicating with OSHA compliance officers and management to seek to avoid or minimize the issuance of citations following an inspection.
- Addressing Multi-Employer Doctrine on jobsites.
- Evaluating Employee Misconduct Defense and isolated Occurrence on jobsites.
- Handling subpoenas issued to companies.
- Contesting OSHA citations, including during administrative hearings and appeals.
- Defending companies from allegations of retaliation against employees for OSHA-related matters.
- Representing companies in collateral civil litigation that can arise from OSHA violations, including indemnity claims amount multiple employers operating at the same worksite.
The firm’s OSHA lawyers have also participated in the OSHA rule-making process to influence the setting of OSHA standards or the issuances of variances when potential standards would be unworkable or would create a greater hazard.