Overview
Creating a safe work environment—especially in industries vulnerable to on-the-job injuries—requires greater care and oversight than ever. Escalating regulatory enforcement (OSHA, Sarbanes-Oxley, DOT, and environmental agencies), whistleblower exposure, and obligations around emerging safety issues like workplace violence, infectious diseases, and substance abuse are just some of today’s realities that make it critical to have the right legal team in place. Especially during times of crisis.
When you engage our team, you not only gain insightful and experienced counsel to shore-up your workplace policies and practices, you’re also connected with an entire firm’s worth of specialists in litigation, OSHA negotiations, crisis management/PR, internal investigations, and regulatory defense.
When every move counts
In the case of accidents, fatalities, citations, or whistleblower activity, our attorneys are on-the-ground with you right away, to help you optimally respond at the earliest stages—taking the best actions you can to mitigate exposure and provide for the most robust defense. During the make-or-break moments after an incident, our priorities are 100% client-driven. We can assist with: preserving evidence, sourcing expert testimony, negotiating with regulators—and all other aspects of a wise and thorough response.
It has been shown that a company’s early response to OSHA citations—at the informal hearing stage, for example—can have an important effect on subsequent action.
Get projects back on-line quickly
For major, time-driven events and projects, regulatory actions and safety incidents can introduce crippling obstacles, stalling immediate efforts and threatening long-standing reputations in the public eye. By maintaining optimized workplace safety policies, conducting regular safety audits and investigations, being ready with effective regulatory negotiators, and having access to one of the region’s premier litigation teams, you’ll be doing all you can to keep important initiatives on-track and protected from the unexpected.
Services
Rely on one of the most recognized teams in the country for a full compliment of workplace safety services, including:
Workplace safety advice and policy development
- Guidance for workplace safety and health management programs
- Obtaining qualification for voluntary protection programs
- Self-audits and inspections to determine areas of vulnerability
- Managing property and personal injury liability and related insurance issues
Incident/Accident response
- Early case and risk assessment
- Assistance in interactions with government agencies and the media
- Counsel in preserving evidence
- Assisting in insulation of criminal prosecution
Investigations, citations, and whistleblower defense
- Internal and external factual investigations
- Identification and engagement of experts/witnesses
- Preparing and implementing a forensic response
Dealing with regulators
- Response strategies for: OSHA/MHRA/DOT complaints, government inspections, whistleblower investigations, etc.
- Arguing before the Occupational Safety and Health Review Commission (OSHRC)
- Assistance in matters pertaining to environmental regulations (e.g. Clean Water Act, Clean Air Act, Oil Pollution Act and Resource Conservation and Recovery Act)
- Coordinating multi-agency responses
Incident/Accident response
- Early case and risk assessment
- Assistance in interactions with government agencies and the media
- Counsel in preserving evidence
Experience
As one of the most formidable construction and litigation law firms in the Northeast, we offer deep experience with workplace safety issues and defense strategies. Our team is agile, highly specialized, and—especially when engaged early in a process—proven effective across a wide range of matters, including:
Construction:
- Explosion (Death): Defended furnace systems manufacturer against OSHA citation arising out of fatal explosion in a manufacturing facility. Citation vacated as part of settlement.
- Electrocution (Death): Defended electrical contractor from multiple OSHA citations arising out of fatal electrocution at airport runway. Settlement included non-admissions provision, withdrawal of one citation, and reduction in penalty.
- Fall (Death): Defended construction contractor against two OSHA citations arising out of fatal fall of subcontractor employee in building construction project. Settlement included non-admissions provision, withdrawal of one citation, reclassification of other citation as other than serious, and reduction in penalty.
- Struck By Hazard: Defended site work contractor against multiple OSHA citations arising out of fatal accident in which worker was run over by bulldozer. Settlement included non-admissions provision, withdrawal of several citations, reclassification of other citation as other than serious, and reduction in penalties.
- Over Water Hazard – PPE: Defended construction contractor against OSHA citation alleging that contractor’s supervisor and a foreman were exposed to drowning hazards while working over water without life jackets. Settlement included non-admissions provision, re-classification of citation as other than serious, and reduction in penalty.
- Guard Protection (Amputation Injury) and Industrial Truck/Forklift Training: Defended furnace systems manufacturer against OSHA citations arising out of an amputation injury and alleged industrial truck training issue. Settlement included non-admissions provision, withdrawal of one citation, and reduction in penalty.
- Crane Collapse: Currently representing general contractor regarding crane collapse at construction site.
Labor & Employment:
- Whistleblower Action: Defended employer in connection with whistleblower action in addition to OSHA inspection and potential citations. Whistleblower action was dismissed
