OSHA Defense

Overview

We have one of the nation’s largest groups dedicated to OSHA matters, deploying broad experience and in-depth knowledge of the regulatory landscape on behalf of our clients. Our team includes the former general counsel of the Occupational Safety and Health Review Commission, the federal agency that determines workplace safety disputes, and a former Environmental Protection Agency Enforcement Division attorney. 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 are able to provide insightful counsel and a practical, solution-oriented approach. We routinely guide clients through complex workplace safety issues with responsive advice that serves their business interests.

Working proactively to minimize risk, our nationally recognized attorneys guide clients through health and safety audits 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, and we are prepared to defend against both criminal charges and civil lawsuits. We protect your business, your assets and your reputation.

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 are:
  • OSHA negotiation and litigation at the state and federal levels
  • Counsel regarding OSHA inspections
  • Effective handling of whistleblower complaints
  • Compliance counseling
  • Compliance audits
  • Conducting health and safety audits
  • Formulating best safety practices for clients
  • Crisis management advice and assistance

Select Experience

  • Represented an oil and gas servicing company following a well blowout that injured and permanently disabled an employee. Obtained withdrawal of OSHA’s general duty clause violation against the company, minimizing the potential for collateral civil litigation.
  • Represented a construction company following two serious employee injuries. Obtained withdrawal of all OSHA citations, removing any potential negative impact on the construction company’s ability to bid on future government work.
  • Represented a dialysis company after a state OSHA agency alleged that employees were required to wear shoe coverings when working with bloodborne pathogens, which would have had an adverse impact on the company’s 2,200 facilities across the country. Obtained withdrawal of OSHA’s citations and a determination that did not require additional protective gear.
  • Represented a major food manufacturing company facing repeat citations, which put the company at risk of being placed in the OSHA Severe Violator Program. Obtained withdrawal of OSHA citations.
  • Represented a Texas construction company in federal litigation involving demolition operations.
More »

Experience

  • Represented an oil and gas servicing company following a well blowout that injured and permanently disabled an employee. Obtained withdrawal of OSHA’s general duty clause violation against the company, minimizing the potential for collateral civil litigation.
  • Represented a construction company following two serious employee injuries. Obtained withdrawal of all OSHA citations, removing any potential negative impact on the construction company’s ability to bid on future government work.
  • Represented a dialysis company after a state OSHA agency alleged that employees were required to wear shoe coverings when working with bloodborne pathogens, which would have had an adverse impact on the company’s 2,200 facilities across the country. Obtained withdrawal of OSHA’s citations and a determination that did not require additional protective gear.
  • Represented a major food manufacturing company facing repeat citations, which put the company at risk of being placed in the OSHA Severe Violator Program. Obtained withdrawal of OSHA citations.
  • Represented a Texas construction company in federal litigation involving demolition operations.
  • Represented a Maryland construction company in federal litigation involving a crane collapse.
  • Represented a Colorado oil and gas well-drilling company in a case involving a whistleblower allegation.
  • Represented a trade association in a case involving OSHA’s Advance Notice of Proposed Rulemaking for Combustible Dust.
  • Represented a Texas chemical company in federal litigation involving an explosion at a saltwater disposal well.
  • Represented a Michigan automotive parts company in federal litigation involving machine guarding issues.
  • Represented an Ohio automotive company in federal litigation involving arc flash hazards.
  • Represented a Kentucky automotive parts company in state litigation involving an explosion in a chemical room.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

Previous Next
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...
Read More ->
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...
Read More ->
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...
Read More ->
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...
Read More ->
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...
Read More ->