OVERVIEW
Our Labor and Employment team includes attorneys with years of experience in negotiating the complex and ever-changing standards and regulations promulgated by the U.S. Occupational Safety & Health Administration (OSHA). We understand the critical role of health and safety in any workplace.
We work closely with clients to create safer and healthier workplaces that comply with all applicable OSHA standards and regulations. When conducting workplace health and safety audits, we pay particular attention to the most heavily scrutinized standards. The goal of these audits is to identify and eliminate problems that might otherwise have led to citations.
We place a high priority on finding practical and cost-effective solutions that help employers avoid litigation whenever possible, but we also have years of experience in tackling OSHA-related trial and appellate litigation before both federal and state agencies and courts.
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Representative Matters
- Represented management in death and fall protection citations in many industries (i.e., aeronautics, manufacturing, construction) along the Atlantic coast.
- Advise and advocate for employers in responding to OSHA citations relating to health/safety standards and retaliation.
- Represented an excavation contractor who was issued a willful citation by OSHA for failing to protect employees from trench cave-ins; vacated the willful; on appeal, the 3rd Circuit Court of Appeals awarded client $147,000 in attorneys’ fees.
- Following a fatal accident caused by the collapse of a wall at a demolition site, OSHA issued three willful citations, each alleging a violation of the demolition standard; After a trial and appeal, two willful citations were vacated and the remaining citation was downgraded to serious; Client was awarded attorneys’ fees.
- OSHA issued a willful citation after a construction worker suffered a fatal fall when a 10,000lb concrete slab located on the 10th floor of a parking garage collapsed as he was attempting to demolish the slab while standing on it; vacated the willfulness classification after trial.
- Following a lengthy OSHA inspection of a large metal stamping company, an administrative law judge either vacated or assessed no penalty for 10 serious citations, in which OSHA had alleged violations of standards for emergency response, personal protective equipment, materials handling and machine guarding; Also vacated the willful classifications of two citations, one alleging a violation of the machine guarding standard and the other alleging a violation of the occupational noise exposure standard.