As the COVID-19 pandemic made clear, all employers face challenges protecting the safety and health of their employees. This includes compliance with the Occupational Safety and Health Act (OSH Act) and other standards and regulations from the U.S. Occupational Safety and Health Administration (OSHA) as well as state and local laws.
Saul Ewing attorneys advise employers in the manufacturing, distribution, construction, food, beverage and agribusiness, telecommunications and other industries on all aspects of workplace health and safety. We provide compliance counseling to help minimize risk and the consequences of a citation, guide clients through OSHA enforcement actions, and defend employers from whistleblower claims in courts and administrative tribunals. Specific areas of service include:
Compliance
- Reviewing safety and health policies
- Helping to establish and implement safety and health programs
- Providing training programs for employers on OSHA compliance and other safety and health issues, such as COVID-19
- Conducting workplace safety and health audits and making recommendations for improvements
OSHA Inspections, Investigations, and Citations
- Managing investigations of workplace accidents, including those resulting in fatalities
- Counseling employers during on-site inspections and interviews with government officials
- Contesting citations issued for violations of specific standards as well as the OSH Act's General Duty Clause
- Negotiating informal settlements with OSHA officials
Litigation
- Defending whistleblower claims of retaliation by current or former employees before OSHA, the Department of Labor, and in federal court
- Litigating claims of wrongful death, property damage, and environmental remediation arising from serious workplace incidents
For a selection of our OSHA representations, click here.
- An integrated power company in successfully resolving an OSHA citation matter relating to a significant workplace incident. Our team established that the client had complied with the applicable regulation, and OSHA agreed to vacate the citation in its entirety.
- A chemical manufacturer in investigations by OSHA, the Environmental Protection Agency, the Department of Justice and the Chemical Safety and Hazard Investigation Board as well as related civil wrongful death and property damage litigation.
- A manufacturer at an administrative hearing regarding a citation under OSHA’s General Duty clause for a fatality involving a transfer machine.
- A manufacturer cited under OSHA’s General Duty clause for a fatality involving a forklift.
- A trucking company in an OSHA retaliation complaint before the U.S. Department of Labor where a driver alleged he was terminated after sending an email claiming he was not allowed to take his legally protected rest periods. The administrative law judge ruled that the driver failed to meet his burden of proof and that the company established a non-retaliatory reason for discharge.
- A CBD manufacturer in reaching a favorable resolution of a matter evolving from a whistleblower complaint to OSHA. The matter was resolved without the need for litigation.
- A Florida retailer in obtaining a decision dismissing a whistleblower complaint brought by a former employee. The employee filed a complaint with OSHA alleging that his termination was in retaliation for “blowing the whistle” on alleged (and unfounded) ventilation issues.
- An electrical apprenticeship training committee against claims by an apprentice who was terminated from the program. The apprentice brought an OSHA complaint alleging his termination was in retaliation for reporting health and safety violations to several contractors and OSHA. Our team persuaded OSHA to dismiss the case after an intensive investigation involving two rounds of interviews of various witnesses.
- Employers in various industries including telecommunications, beverage distribution, construction and others on all aspects of occupational safety and health practice including opening conferences, onsite investigations, witness interviews, and informal settlement conferences.
