Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

The Firm's ">OSHA ">attorneys are experienced in all phases of representation involving ">workplace safety and ">health, and they understand that "safety" and "health" are two separate areas of concern.  Their experience includes helping clients establish and maintain safe and healthful workplaces; drafting, implementing and updating safety and health procedures, policies, and programs; representing clients before ">federal and ">state Occupational Safety and Health ">hearings; and preventing OSHA issues from escalating into union-promotion issues.  Much of the Firm's OSHA practice is aimed at litigation ">avoidance by working with our clients to ensure compliance.  Other services provided include conducting due ">diligence on behalf of clients as part of an acquisition; assisting a client seeking to enter a ">joint venture with a OSHA implications; and assisting clients in preparation for the ">sale of facilities; and many others. 

Our ">attorneys have conducted onsite ">OSHA presentations to members of clients' ">management, safety teams, safety departments and line ">employees, and have advised clients, including an ">asbestos-certified contractor, on ">OSHA, EPA and TDEC asbestos regulatory requirements.  We work closely with clients to enhance their safety and ">health programs to include ">OSHA compliance as well as an Industrial Risk ">Management program.

Representative Matters

·         Defended client in ">federal ">OSHA ">hearing on employee fatality due to failure to implement lockout-tagout (LOTO).

·         Conducted ">attorney-client privileged mock ">OSHA audit of a ">manufacturing client, and for a client in the ">trucking and ">transportation industry, specifically reviewing ">service shops for confined ">space entry and floor hole protection.  

·         Assisted client in scrap metal industry in responding to TOSHA inquiry into respiratory ">protection program, and advised on ">rights and responsibilities during audit when TOSHA auditor collected air samples and interviewed employees.

·         Developed blood borne pathogens programs for clients in medical industry.

·         On one-day ">notice, drafted ">response on behalf of client in ">natural gas industry to an ">OSHA Letter of Inquiry citing over 20 alleged OSHA violations; no hazards or violations were found.

·         Drafted ">response to ">OSHA Letter of Inquiry on behalf of agricultural client concerning confined ">space entry and respiratory ">protection needs related to grain silo; result was finding of no hazards or violations. 

·         Defended client in metals galvanizing industry in ">joint TOSHA/TDEC multi-media ">enforcement case, evaluating respiratory ">protection, hazard communication ">requirements for non-English speaking ">employees and other issues.

·         Advised ">manufacturing client on respiratory ">protection and lead ">exposure ">OSHA regulations, OSHA 200 log recordability ">requirements and ergonomics requirements.

·         Drafted comments to ">OSHA in ">response to OSHA's proposed ergonomics regulation.

Services Available