May 14, 2013

Doug Solomon Secures Dismissal from OSHA of Retaliatory Discipline Claim

Partner Doug Solomon, Director of the firm’s OSHA group, was recently successful in defending a firm client after one of its employees filed a “whistleblower” retaliation complaint with the Occupational Safety and Health Administration (“OSHA”). In the Complaint, the employee alleged that he had been disciplined by the employer in retaliation for raising safety concerns to management. Following an investigation by OSHA and a review of the evidence and arguments set forth by Mr. Solomon on behalf of the employer, OSHA dismissed the complaint in its entirety, finding that Mr. Solomon had presented clear and convincing evidence that employer did not retaliate against the employee.

GBGW’s OSHA Practice Group handles all matters arising under the Occupational Safety and Health Act (“OSHA”), the federal law that governs workplace safety and health. The Group provides legal counsel to employers seeking to manage, minimize or eliminate liability under OSHA by taking a proactive approach to OSHA compliance, representing employers in OSHA enforcement actions, and by defending and resolving OSHA “whistleblower” claims. The Group regularly assists clients by evaluating existing health and safety policies and practices and recommending effective solutions to manage legal risks. They also provide training to managers and supervisors on OSHA compliance techniques, counsel employers in compliance with OSHA’s recordkeeping standards, and help employers to establish protocol on handling of an inspection conducted by an OSHA compliance officer.For more information about the firm’s OSHA group, please contact Mr. Solomon at Dsolomon@genovaburns.com.