Occupational Safety & Health Act (OSHA)

Since the Occupational Safety and Health Act (OSHA) was enacted in 1970, OSHA regulations and employer-compliance obligations have expanded considerably. At the same time, OSHA inspections have become increasingly targeted through the agency’s programmed enforcement activities, including Site-Specific Targeting (SST), National Emphasis Programs (NEPs), Regional Emphasis Programs (REPs), Local Emphasis Programs (LEPs), and Severe Violator Enforcement Programs (SVEPs).

As the regulatory environment has become increasingly complex, compliance efforts often require collaboration between skilled personnel within the company and outside counsel and consultants with appropriate technical knowledge.

Who is Affected?

Nearly every company in every industry is subject to OSHA regulations and therefore faces potential OSHA inspections. At Hodgson Russ, we have helped clients in many different of industries to manage their OSHA exposures. To name just a few, we have assisted cabinetmakers, chemical manufacturers, coating and dipping facilities, common carriers, construction contractors, dairies, hospitals, industrial equipment manufacturers, machine shops, metal fabricators, nonprofit health and human service providers, nursing homes, sawmills, schools, universities, supermarkets, trenchers, and warehousing operators.

How We Can Help

Our attorneys regularly assist clients at every stage of OSHA inspections, including providing proactive pre-inspection planning and counseling on employers’ legal rights related to the inspection process. When OSHA inspections occur due to specific accidents or injuries, we lead clients through appropriate investigations to help manage the workers compensation and civil liability exposures that can result. We also counsel clients on the interplay of OSHA’s enforcement activities and civil liability. Regular successes on behalf of clients include the withdrawal or narrowing of OSHA inspection requests and the avoidance or reduction of citations and penalties, including through negotiation and administrative litigation.

Included in Our Services

Analysis by employer classification of likely exposures through identification of commonly cited regulations
Communication with OSHA officials on an employer’s behalf
Compliance counseling about applicable regulations and the “general duty” clause
Counseling for construction contractors regarding liability exposures and other implications of OSHA’s multi-employer citation policy
Counseling with regard to workers compensation and civil liability exposures associated with workplace accidents and OSHA inspections
Defense of citations, penalties, and abatement
Defense of Section 11(c) whistleblower and discrimination complaints
Development and implementation of protocols and procedures to be followed in the event of an inspection
Drafting and negotiation of settlement agreements
Employer-rights counseling regarding the commencement, procedure, and conduct of an OSHA inspection
Participation in OSHA inspections
Plant and worksite tours to facilitate hazard identification and safety planning
Record keeping and reporting of occupational injuries and illness
Representation of employers in contest proceedings before the Occupational Safety & Health Review Commission
Risk and inspection-exposure counseling related to programmed enforcement activities, including SSTs, NEPs, REPs, LEPs, and SVEPs
Risk and inspection-exposure counseling related to unprogrammed inspections commenced as a result of employee complaints, referrals, or accidents
Strategic decision-making and preparation for managing an inspection