Occupational Safety & Health Administration (OSHA)

Our OSHA attorneys advise on all matters arising under the Occupational Safety and Health Act (“OSHA”), the federal law that governs workplace safety and health. An inspection of the employer’s worksite by an OSHA compliance officer seeking to enforce OSHA’s safety and health standards can occur for several reasons, such as in response to a workplace accident or injury or because the employer’s industry is being targeted by OSHA. The resulting investigation can lead to significant consequences for the employer, including OSHA Citations with severe monetary penalties. The OSHA Group provides legal counsel to employers seeking to manage, minimize or eliminate liability under OSHA in many important ways, including:

  • Taking a proactive approach to OSHA Compliance. Our attorneys’ philosophy is that the best way to minimize the costs associated with workplace injuries, illnesses and violence, and the significant penalties associated with OSHA Citations, is to take a proactive approach to workplace safety and health issues. This approach includes:
    • Evaluating existing health and safety policies and practices and recommending effective solutions to manage legal risks
    • Providing training to managers and supervisors on OSHA compliance best practices
    • Assisting employers with workplace safety analyses to identify potential risks and implement protocol to minimize liability
    • Advising employers on how to stay compliant with OSHA’s recordkeeping standards
    • Establishing protocol for responding to an OSHA inspection
    • Establishing policies and procedures relating to workplace violence
    • Understanding and meeting industry-specific compliance requirements under New Jersey and New York state-established OSHA plans

We represent employers in OSHA enforcement actions. When an employer is faced with an OSHA inspection or is issued a Citation, we assist by:

  • Advising during on-site inspections by the OSHA compliance officer and during each stage of an OSHA investigation, the goal being to avoid citations and penalties
  • Analyzing and explaining what the particular citation means and formulating a comprehensive strategy to defend against the citation
  • Representing clients at informal conferences before the OSHA Area Director once a Citation has been issued, negotiating settlements and reduced penalties
  • Assisting with abatement obligations mandated by OSHA
  • Contesting OSHA citations and defending clients in hearings before an administrative law judge

Finally, our attorneys have a wealth of experience counseling employers in how to avoid OSHA “whistleblower” claims and defending them at the administrative level and in court. Our objective is to resolve whistleblower claims quickly and cost-effectively on behalf of our clients.

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Douglas E. Solomon

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