OSHA Defense

Overview

Our OSHA team deploys broad experience and in-depth knowledge of the regulatory landscape on behalf of our clients. Our advocates have decades of experience and understand how workplace safety issues may interact with all facets of the law, including labor and environmental issues. We routinely guide clients through complex workplace safety issues with solution-oriented advice that protects their business, their assets and their reputation.

Working proactively to minimize risk, our nationally recognized attorneys guide clients through health and safety assessments under attorney-client privilege, provide compliance counseling, and assist in assembling and training teams to work with OSHA inspectors to reduce the risks associated with citations and penalties. In the face of increasing regulation and rapidly escalating administrative penalties, we are experienced in achieving favorable settlements of citations, as well as successfully contesting them. Our attorneys also are experienced with coordinating responses to multiple government agencies in the event of a workplace incident, including fatalities, and we are prepared to defend against both criminal charges and civil lawsuits.

With a nationwide presence, we assist clients in a broad range of industries, including manufacturing, chemical, food, energy, construction and healthcare sectors. In addition, we work seamlessly with our highly regarded employment practice and with BakerHostetler’s other relevant practice areas, from white-collar investigations and whistleblower actions to class action defense and environmental issues.

Among the services we provide:
  • OSHA negotiation and litigation at the state and federal levels
  • Counsel regarding OSHA inspections, including preparation, interviews and follow-up
  • Effective handling of whistleblower complaints
  • Compliance counseling
  • Compliance assessments
  • Health and safety assessments
  • Formulating safety best practices for clients
  • Crisis management advice and assistance

Select Experience

  • Represented an auto parts manufacturer in state litigation involving various OSHA and state-OSHA standards.
  • Secured complete dismissal of three OSHA citations erroneously issued against a construction contractor facing allegations in connection with a fatality investigation that it failed to protect employees from falling, failed to adequately cover hazards on a roof, and failed to provide an adequate training program to prevent falls.
  • Advised a document management company after a roof collapse at its 400,000-square-foot warehouse resulted in fatalities and the loss of thousands of stored documents. Our team assisted in minimizing litigation exposure and addressed OSHA citations, construction and insurance matters, and supervised crisis communications with media and customers.
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Professionals

Name Title Office Email
Partner Los Angeles
Associate Cleveland
Partner Houston
Partner Columbus
Partner Houston
Partner Los Angeles
Partner Los Angeles
Partner Los Angeles
Counsel Los Angeles
Associate Los Angeles
Associate Los Angeles
Associate Houston
Associate Los Angeles
Partner Los Angeles
Counsel Denver
Counsel Orlando
Partner Los Angeles
Partner Orlando
Partner Washington, D.C.

Experience

  • Represented an auto parts manufacturer in state litigation involving various OSHA and state-OSHA standards.
  • Secured complete dismissal of three OSHA citations erroneously issued against a construction contractor facing allegations in connection with a fatality investigation that it failed to protect employees from falling, failed to adequately cover hazards on a roof, and failed to provide an adequate training program to prevent falls.
  • Advised a document management company after a roof collapse at its 400,000-square-foot warehouse resulted in fatalities and the loss of thousands of stored documents. Our team assisted in minimizing litigation exposure and addressed OSHA citations, construction and insurance matters, and supervised crisis communications with media and customers.
  • Obtained withdrawal of a retaliation charge filed with OSHA against an international hotel chain.
  • Obtained withdrawal of citations and notice of penalties issued by OSHA against a national hotel chain in a matter involving blood-borne pathogen protocols.
  • Represented a media company in its appeal of state OSHA citations (including a violation classified as “serious”), including negotiating settlement to reduce citations and causation findings.
  • Assisted an auto center client with interpreting and responding to an “intent to cite” notice issued by a state OSHA with respect to Heat Illness Prevention Standard.
  • Negotiated a favorable settlement on behalf of an aerospace client in connection with an investigation of a retaliation claim filed with OSHA by a former employee.
  • Advised an aerospace company in a state OSHA investigation of a fatality in a manufacturing facility.
  • Negotiated a favorable settlement on behalf of a manufacturer and distributor of truck parts in an accident investigation, informal conference and appeal.

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