LeClairRyan’s Occupational Safety and Health (OSHA) attorneys understand the substantial risk posed by health and safety concerns in the workplace. We have experience in OSHA compliance and litigation and are able to draw on the depth and breadth of knowledge from across our firm to form industry-specific, interdisciplinary teams that are customized for each client.
The goal of our OSHA practice is to work with clients to proactively increase workplace safety and health, to attain compliance with applicable standards and regulations, and to limit litigation risk. We advise clients concerning frequently cited OSHA standards, including fall protection, scaffolds, concrete and masonry construction, demolition, excavation, machine guarding, and respiratory protection. We also conduct workplace safety and health audits to identify issues that should be addressed before they become OSHA citations. And, in times of workplace tragedies, when fatalities and catastrophic accidents do occur, we are adept at managing OSHA inspections to protect our clients’ interests.
We strive to convince OSHA to withdraw citations without costly litigation, and we regularly win dismissals of serious and willful citations by OSHA, securing drastic reductions of monetary penalties. We work closely with our clients to formulate practical solutions to safety and health issues and, if possible, avoid litigation. However, when litigation is unavoidable, we provide our clients with skilled and aggressive representation. We have broad experience in all types of Occupations Safety and Health litigation, including contesting OSHA citations and defending against OSHA warrants and injunctions. Our attorneys are skilled in all aspects of workplace safety and health trial and appellate litigation before federal and state administrative agencies and courts.
REPRESENTATIVE CASES INCLUDE
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OSHA issued a willful citation to our client, an excavation contractor who was replacing a sewer line, for failing to protect employees from trench cave-ins. Following a trial, the administrative law judge vacated the willful citation and the government appealed. The Third Circuit Court of Appeals subsequently awarded our client $147,000 in attorneys’ fees
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Following a fatal accident caused by the collapse of a wall at a demolition site, OSHA issued three willful citations, each alleging a violation of the demolition standard. After a trial and appeal, two willful citations were vacated and the remaining citation was downgraded to serious. Our client was awarded attorneys fees
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OSHA issued a willful citation after a construction worker suffered a fatal fall when a 10,000 pound concrete slab located on the tenth floor of a parking garage collapsed as he was attempting to demolish the slab while standing on it. Following a trial, the administrative law judge vacated the willfulness classification
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Following a lengthy OSHA inspection of a large metal stamping company, an administrative law judge either vacated or assessed no penalty for ten serious citations, in which OSHA had alleged violations of the emergency response, personal protective equipment, materials handling and machine guarding standards. The judge also vacated the willful classifications of two citations, one alleging a violation of the machine guarding standard and the other alleging a violation of the occupational noise exposure standard