Occupational Safety & Health

Examples of Jayni's Occupational Safety and Health Act (OSHA) experience include:

• Advising clients on compliance obligations under specific OSHA standards and new OSHA rulemakings, including the process safety management (PSM), hazard communication, hazardous waste operations and emergency response (HAZWOPER), lockout/tagout (LOTO), electrical safety, fall protection, permit-required confined spaces, materials handling and storage, personal protective equipment, air contaminants, respirable crystalline silica, and asbestos standards, and OSHA’s recordkeeping rules.
• Successfully defending administrative enforcement actions involving alleged OSHA violations, worker injuries, and fatalities, including:
  • The favorable settlement of an enforcement action against a petroleum refinery in the aftermath of a significant incident that occurred during an equipment shutdown. Jayni assisted in designing and overseeing an internal investigation into the incident, represented the client in inspection and enforcement proceedings involving multiple regulatory agencies, and advised on the development of corrective steps necessary to prevent recurrence and improve overall compliance.
  • The favorable settlement of an enforcement action following a crane collapse and fatality at a multi-employer worksite. 
  • The favorable settlement of an enforcement action against a chemical manufacturing plant in that involved allegations “repeat” violations of the PSM standard and alleged chemical exposures.
  • The favorable settlement of an enforcement action against a manufacturer in following a workplace amputation.
  • The favorable settlement of an enforcement action against a contractor in Colorado following a severe workplace fall.
• Assisting clients with OSHA and State Plan inspections.
• Advising clients on issues arising under OSHA’s multi-employer citation policy. 

Litigation

Recent examples of Jayni’s litigation experience include:

• Successfully defending a power generation company in both trial and appellate courts against state common law tort claims relating to the alleged sub-surface migration of contaminants through groundwater to nearby properties.
• Obtaining a favorable settlement for a petroleum exploration and production company in litigation arising from an operator’s use of the company’s platform on the Outer Continental Shelf of the Gulf of Mexico.
• Obtaining a favorable settlement for a client in a private action for cleanup costs related to petroleum pipeline releases.
• Successfully obtaining judicial termination of a global, multi-media consent decree for a chemical manufacturing company following negotiations with federal and state enforcement agencies.