Representative Matters

Our occupational safety and health experience includes:

  • Negotiating a settlement in a multi-fatality case which withdrew all citations against a contractor.
  • Persuading an OSHA area office not to cite a contractor in a fatality case.
  • Reaching a favorable settlement with a state OSHA in a fatality case.
  • Settling PSM citations issued in a National Emphasis Program case, including reducing the number of repeat citations.
  • Counseling during OSHA shipyard inspections, resulting in few citations.
  • Advising an employer on how to establish an injury and illness recordkeeping program, including training and case review.
  • Defending “willful egregious” citations related to process safety following a fatal explosion at a chemical manufacturing facility, as well as such citations related to injury and illness recordkeeping.
  • Defending “willful” lockout/tagout citations.
  • Preparing nationally-recognized guidance on OSHA’s interpretations of its injury and illness recordkeeping requirements.
  • Evaluating the OSH Act general duty clause, hazard communication, and other obligations, including those that might be triggered by the production or use of nanomaterials.
  • Developing occupational health programs for nanomaterials handling.
  • Representing clients under investigation by the U.S. Chemical Safety and Hazard Investigation Board following workplace incidents.
  • Conducting OSHA compliance audits of manufacturing facilities, including consideration of privilege and audit amnesty issues.
  • Counseling companies on management response to workplace safety incidents.
  • Reviewing building demolition plans for compliance with asbestos and mold abatement and other health and safety requirements in New York, California, Connecticut, and other states.
  • Counseling on reporting obligations following workplace injury or death.
  • Developing litigation strategy in toxic tort cases using regulatory history of chemical-specific standards (e.g., permissible exposure limits).
  • Advising on negotiations and complying with RMP requirements and Title V major source air permit provisions that incorporate PSM requirements.
  • Counseling high-tech industry clients on worker health issues related to chemical exposure.