OSHA Defense

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.
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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)

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