Our occupational safety and health experience includes:

• Defending an OSHA enforcement case in Connecticut brought against 17 employers, including our client, seeking $16.6 million in penalties following a natural gas explosion that killed six workers and injured 50 others. Based on information we provided, OSHA withdrew all of the citations against our client.
• Defending an OSHA enforcement case in Arkansas against an energy sector company and two other companies involving a crane collapse at a nuclear power plant that resulted in a fatality, several injuries, OSHA citations, and related tort and commercial litigation. We conducted onsite investigations and subsequently prepared for trial, negotiating just before trial a settlement for our client that withdrew 20 of 22 citation items.
• Negotiating a favorable settlement of PSM citations issued in a National Emphasis Program enforcement case involving a petroleum refiner in Delaware, including reducing the number of “repeat” citations.
• Persuading an OSHA area office not to cite a contractor in a fatality case.
• Reaching a favorable settlement with a state OSHA in a fatality case.
• Counseling during OSHA shipyard inspections, resulting in few citations.
• Advising on multi-employer citation policies and internal policies regarding onsite contractors.
• Advising an employer on how to establish an injury and illness recordkeeping program, including training and case review.
• Defending “willful egregious” citations related to process safety following a fatal explosion at a chemical manufacturing facility, as well as such citations related to injury and illness recordkeeping.
• Defending “willful” lockout/tagout citations.
• Preparing nationally-recognized guidance on OSHA’s interpretations of its injury and illness recordkeeping requirements.
• Evaluating the OSH Act general duty clause, hazard communication, and other obligations, including those that might be triggered by the production or use of nanomaterials.
• Developing occupational health programs for nanomaterials handling.
• Advising clients under investigation by the U.S. Chemical Safety and Hazard Investigation Board following workplace incidents.
• Conducting OSHA compliance audits of manufacturing facilities, including consideration of privilege and audit amnesty issues.
• Counseling companies on management response to workplace safety incidents, including root cause investigations.
• Reviewing building demolition plans for compliance with asbestos and mold abatement and other health and safety requirements in New York, California, Connecticut, and other states.
• Counseling on reporting obligations following workplace injury or death.
• Developing the litigation strategy in toxic tort cases using regulatory history of chemical-specific standards (e.g., permissible exposure limits).
• Advising on negotiations and compliance with RMP requirements and Title V major source air permit provisions that incorporate PSM requirements.
• Counseling high-tech industry clients on worker health issues related to chemical exposure.