Daniel R. Birnbaum

Associate

Washington, D.C.
T +1.202.861.1531  |  F +1.202.861.1783

Daniel Birnbaum concentrates his practice on workplace safety matters, crisis management and workplace incident response. Daniel routinely advises employers on all matters impacted by state and federal OSHA regulations, including conducting compliance audits and accident investigation reports. He has substantial experience at all stages of litigation before the Occupational Safety and Health Review Commission for a broad range of complex issues, including everything from personal protective equipment to machine guarding. Daniel also has a vast amount of experience with labor and employment law, with advising on labor management issues, defending grievances and unfair labor practice charges, wage and hour issues, and discrimination cases. Daniel understands the impact that workplace safety violations can have on labor and employment issues. He has had numerous articles published on the latest developments in the workplace safety community.

Select Experience

  • Represented a leading national healthcare provider in a dispute regarding employees' right to engage in demonstrations on the employer's property. Developed case strategies and drafted post-hearing briefs. 
  • Represented a leading coal company in a bankruptcy proceeding regarding pension benefits owed to retirees. Conducted discovery, led the team and researched issues. 
  • Has counseled clients regarding administrative tasks, including employee handbooks and noncompete agreements.
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Experience

  • Represented a leading national healthcare provider in a dispute regarding employees' right to engage in demonstrations on the employer's property. Developed case strategies and drafted post-hearing briefs. 
  • Represented a leading coal company in a bankruptcy proceeding regarding pension benefits owed to retirees. Conducted discovery, led the team and researched issues. 
  • Has counseled clients regarding administrative tasks, including employee handbooks and noncompete agreements.

Pro Bono

  • Represented a Holocaust survivor in recovering reparations from the German government.
  • Assisted in drafting an amicus brief before the National Labor Relations Board on behalf of prominent private universities opposing the union-organizing activities of Northwestern University's football team.

Services

Prior Positions

  • Judicial Extern for the Honorable Judge Dan A. Polster, Northern District of Ohio

Admissions

  • Ohio
  • District of Columbia

Education

  • J.D., Cleveland-Marshall College of Law, 2012; summa cum laude; Cleveland State Law Review, Executive Business Editor; Moot Court National Team
  • B.A., Political Science, Miami University

Blog

In The Blogs

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OSHA Forum
DOJ Indictment of Senior Project Manager Reminds Employers of Severity of Potential Consequences When Dealing With OSHA Inspectors
April 25, 2017
A 49-year-old senior project manager for a roofing contractor was indicted on April 19 on three charges that he made false, fictitious and fraudulent statements to federal OSHA investigators. The Department of Justice accuses Peter Nees of...
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OSHA Forum
President Trump Proposes Defunding the Chemical Safety Board
April 7, 2017
President Trump has proposed a budget for next year that would cut all funding for the U.S. Chemical Safety Board. The Chemical Safety Board is an independent federal agency that has operated since 1998. It is responsible for investigating...
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OSHA Forum
Senate Takes Next Step in Eliminating OSHA Recordkeeping Rule
March 23, 2017
On March 22, 2017, the Senate voted to kill an OSHA regulation that would enable employers to be cited for recordkeeping violations that occurred as long as five years ago. OSHA had created the rule to try to get around court decisions...
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OSHA Forum
OSHA’s Top 10 Hits: The Most Common Citations
March 20, 2017
CitationsOSHA has released its list of the 10 most frequently cited safety and health violations that occurred in the last fiscal year. Not surprisingly, the list has hardly changed from previous years. Employers who take a proactive...
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OSHA Forum
Trump Taps Acosta to Run the Department of Labor
February 24, 2017
On Feb. 16, 2017, President Donald Trump nominated Alex Acosta, a former member of the National Labor Relations Board and a federal prosecutor for the Southern District of Florida, as secretary of labor. Acosta’s nomination came after...
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