Representative Matters

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