Workplace Health and Safety (OSHA)
Phillips Lytle has extensive experience representing clients dealing with the Occupational Safety and Health Administration (OSHA) and other related local, state and federal agencies. We provide proactive advice to minimize the risk of OSHA citations and ways to prepare and respond to OSHA inspections. When OSHA visits our clients, we defend OSHA inspections, investigations, violations and challenges to warrants. We work to resolve matters, and, if necessary, litigate both civil and criminal proceedings before the Occupational Safety and Health Review Commission (OSHRC) and in state and federal courts. Frequently, we will handle parallel or multiple criminal and administrative/civil investigations and litigations stemming from a single workplace incident. Our experience extends from minor violation matters to significant litigation before the OSHRC.
Representative examples of our OSHA expertise:
- Obtained dismissal of an intricate OSHA/SOX whistleblower claim falsely accusing a significant publicly traded company with a multi-year underreporting of assets.
- Secured dismissal of OSHA whistleblower claims against a local manufacturer notwithstanding extensive adverse media reports of other alleged environmental and safety violations.
- Defended OSHA inspections and proceedings for a national, publicly traded company in several states arising from workplace accidents, and secured favorable settlements.
- Provided proactive advice to a national company regarding coordination of OSHA compliance and avoidance of “repeat” violations.
- Secured a favorable settlement on behalf of a privately held international company in the face of alleged repeat violations of workplace safety standards.
- Defended OSHA investigations and proceedings for a local company complicated by unfavorable press coverage due to DEC, EPA and court proceedings.
- Defended a manufacturing company regarding a fatality. OSHA negotiations resulted in a favorable resolution with reduced charges and fines.
- Defended a sheet metal structural fabricator in connection with OSHA, DEC and EPA investigations and litigation relating to alleged violations of the federal asbestos-handling regulations. We favorably settled all matters, including a related criminal investigation and multiple administrative investigations.
- Defended a roofing company against various fall hazard violations, aggressively litigating the matter before OSHRC, leading to a favorable resolution.
- Aggressively litigated the Department of Labor’s use of late and inaccurate “boilerplate” extension motions to extend its time to file a complaint.
- Defended and secured favorable resolution of numerous OSHA citations, including fatalities and repeat offenses, as well as related environmental and criminal charges.
- Defended employers in proceedings before the OSHRC, leading to favorable settlements.