We help our clients mitigate risk and protect their employees. Our counsel runs from routine administrative issues, ranging from recordkeeping and reporting, to accident investigations and fatalities. We also assist employers facing systemic enforcement actions, catastrophic accidents and potential criminal investigations, which may result from those accidents or enforcement actions. Our team works with state and federal regulatory agencies and through informal conferences, negotiations, settlements, contested cases and, when necessary, litigation.
In addition, we work with clients across the country to implement educational, training and procedural initiatives aimed at safeguarding employees from workplace injury, illness and violence.
Occupational Safety and Health Administration (OSHA)
Our occupational safety and health attorneys have a deep knowledge of federal and state occupational safety and health standards and regulations. OSH attorneys also work closely with our clients to really understand their businesses, enabling us to provide practical advice and solutions tailored to each of our clients’ unique concerns and needs.
We understand that as an employer, keeping your employees and your business safe is of utmost importance. We work with our clients to make sure their policies and practices comply with the myriad of health and safety standards and regulations at the state and federal levels. Compliance does not have to conflict with performance. Although many of OSHA’s standards are prescriptive, many are performance-based, allowing employers a great deal of flexibility in developing solutions that work. Developing ways to comply with safety and health standards often results in a more efficient process.
Unfortunately, even the best safety and health programs have vulnerabilities. Our team is ready to respond immediately to workplace catastrophes that may lead to multiple injuries, evacuations and fatalities. Our attorneys appreciate the delicacy involved in handling fatalities and serious injuries and can effectively balance the sensitivity of the accident with the appropriate response to the regulatory investigations that inevitably follow a workplace catastrophe. We have successfully helped our clients navigate fatality and catastrophe investigations and defend any resulting citations.
Of course, not all inspections are the result of a workplace accident. Many inspections result from employee complaints or various emphasis programs. Our team regularly assists clients in managing inspections and responding to various enforcement actions. Where OSHA issues citations, we work with our clients to evaluate the factual and legal merits of the citations and the potential impact the citations could have on the employer’s processes and other operations. The impact of a Serious, Repeat or Willful citation may be obvious, but even an Other-Than-Serious citation could have lasting and costly consequences.
Our seasoned group of OSH attorneys routinely represent our clients in front of the Occupational Safety and Health Review Commission or equivalent state tribunal in contested citations falling under OSHA’s general industry, construction, recordkeeping and maritime standards. Whether you are a two-person construction contractor or an international, fortune 50 company, if you have an OSHA problem contact us. We’ve got you covered.
Mine Safety and Health Administration (MSHA)
Our MSHA team represents clients dealing with the Mine Safety and Health Administration (MSHA) and state mine safety agencies, including hearings before administrative law judges, appeals before the Mine Safety and Health Review Commission and courts of appeal. We address everything from routine citations and orders to accident investigations, special investigations and criminal prosecutions.
In addition, we counsel and represent clients in the areas of participation in rulemakings and legislative initiatives; litigation seeking to clarify the applicability of mine safety regulations to particular circumstances; petitions for modification; and class actions involving mining equipment defects and mine exposure claims. In connection with our Mine Safety & Health practice, we consult with experts in the areas of mine planning and operations, equipment operation and maintenance, ventilation design, and other areas related to administrative or civil claims asserted in the context of active mining operations.
The mining industry undoubtedly presents unique challenges to employers with regard to safety and health issues. A heavily-regulated environment, combined with the nature of the work, means employers must be vigilant in identifying and addressing issues, and we can help.
We offer a full range of services in connection with mine safety and health law, including
- Representing employers in accident investigations, special investigations and safety
discrimination investigations; - Representing employers in litigation before the Federal Mine Safety and Health Review Commission, state regulatory agencies and in federal and state courts;
- Assisting clients in drafting and submitting petitions for modifications and variance requests;
- Drafting comments on proposed rules;
- Interpreting regulations;
- Providing supervisor training seminars and other in-house safety seminars for our clients;
- Conducting safety and health audits;
- Defending employers against charges of discrimination, retaliation or whistleblowing activities;
- Defending employers against charges of deliberate intent to cause injury or illness; and
- Defending mine operator agents in civil and criminal investigations in cases where violations of the Mine Safety and Health Act are alleged.