Practice/Industry Group Overview
The Occupational Safety and Health (OSH) practice of Ogletree Deakins is characterized by the knowledge and credibility of our attorneys, and the exceptional level of service that we provide to our clients.
The Occupational Safety and Health-related services that we provide include:
- Investigation of workplace accidents;
- Effective handling of OSHA inspections and safety whistleblower complaints;
- Negotiation and resolution of OSHA citations;
- Litigation and trial of OSHA citations;
- Advising and counseling to help ensure compliance;
- Utilization of best practices to improve safety and health performance;
- Formulation of safety and health programs; and
- Conducting of safety and health audits.
Ogletree Deakins’ OSH law attorneys engage in a nationwide practice that includes the representation of employers in “egregious” and other significant litigation of contested OSHA cases before the U.S. Occupational Safety and Health Review Commission, corresponding OSHA state-plan adjudicatory agencies, and appellate courts.
To help our clients avoid the potentially costly litigation of OSHA cases, our OSH law attorneys are highly experienced and adept at effectively handling OSHA inspections and in negotiating favorable informal settlements of OSHA citations. We also counsel clients to help ensure compliance with OSHA standards, provide advice based on our experience and best practices to formulate or enhance safety and health programs, and conduct safety and health audits. We have worked extensively with employers in the general industry, construction, and special industry sectors.
When a serious workplace accident occurs, Ogletree Deakins can quickly deploy one or more experienced OSH law attorneys to conduct an investigation, formulate immediate, contributory, and root causes of the accident, and provide recommendations to help prevent a recurrence. In doing so, we regularly take steps to ensure the availability of legal privileges that can be interposed to protect against undesired or forced disclosure of investigative results, and we work to help limit the potential for related criminal and civil liability.
Ogletree Deakins clients desiring to have their voices heard on OSH law matters in Washington, D.C. can be assured that our OSH law attorneys are experienced in that area. We regularly interface with high-ranking government agency officials and work with numerous national employer associations. Often, we respond to agency rulemaking initiatives on behalf of our clients. For instance, our OSH law attorneys authored the rulemaking comments of the Society for Human Resource Management on the OSHA ergonomics program standard in addition to comments on the OSHA hexavalent chromium and construction cranes and derricks standards. Also, we are experienced in interfacing with ancillary federal agencies on OSH law matters, including the National Institute for Occupational Safety and Health on health hazard evaluations.
To help our clients keep abreast of OSH law developments, we conduct periodic webinars, issue timely e-alerts on significant developments, and offer seminar presentations for clients on OSH law topics for a reasonable, flat fee.
Articles Authored by Lawyers at this office:
Increased Criminal Enforcement for Worker Safety Violations?
Don A. Duggar,Margaret S. Lopez, January 07, 2016
In 2010, the Occupational Safety and Health Administration (OSHA) let employers know there was a new sheriff in town. Now there will be a new police force as well. On December 17, 2015, the U.S. Department of Justice (DOJ) announced the expansion of the Worker Endangerment Initiative. In its...
President Obama Signs the 2015 Budget Act Increasing OSHA Penalties
Melissa A. Bailey,Shontell D. Powell, November 10, 2015
President Obama signed the Bipartisan Budget Act of 2015 into law yesterday. The deal was negotiated quickly to avoid a default on the nation’s debt. Perhaps as a result, it includes a surprise for those with an interest in occupational safety and health: penalties imposed by the Occupational...
OSHA Testing Joint Enterprise Theory in Wake of NLRB Ruling
John F. Martin, September 11, 2015
Around the same time the National Labor Relations Board (NLRB) issued its controversial and precedent-shattering decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, a franchise industry group revealed that the Occupational Safety and Health Administration...
OSHA Proposes New Rules to “Clarify” Recordkeeping Obligations
John F. Martin, August 07, 2015
On July 29, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a proposed rule to “clarify” employers’ recordkeeping obligations under 29 C.F.R. Part 1904. Comments are due by September 28.
Here We Go Again—The Robert C. Byrd Mine Safety Protection Act
Dinah L. Choi,Gwendolyn K. Nightengale, July 31, 2015
For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act was first introduced on December 3, 2010, and again on April 15, 2011, and...
OSHA Issues Guidance on Restroom Access for Transgender Employees
John F. Martin, June 16, 2015
On June 1, 2015, the Occupational Safety and Health Administration (OSHA) announced its publication of new guidance on best practices regarding transgender employees’ bathroom access. The announcement comes after the National Center for Transgender Equality formed an alliance with OSHA and...
OSHA Announces Final Rule for Confined Spaces in Construction
John F. Martin,Shontell D. Powell, May 13, 2015
On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in Construction standard. Prior to issuing this new standard, OSHA had one...
OSHA Announces Request for Information on Communication Tower Safety
John F. Martin, April 30, 2015
On April 15, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a Request for Information (RFI) on Communication Tower Safety. The agency requests that the communication tower industry and the general public send in comments and information by June 15, 2015,...
It’s Time to Post the OSHA 300A Annual Summary of Illnesses and Injuries
John C. Artz,John F. Martin, March 19, 2015
The Occupational Safety and Health Administration’s (OSHA) Form 300A, which lists a summary of the total number of job-related injuries and illnesses that occurred during 2014 at each workplace, must be posted between February 1 and April 30, 2015. Place it in a conspicuous location where...
Philadelphia Mayor Signs New "Promoting Healthy Families and Workplaces" Ordinance
Richard W. Diaz,Julie Donahue, March 03, 2015
On February 12, 2015, Philadelphia Mayor Michael Nutter signed legislation requiring certain employers in the city of Philadelphia to provide up to five days of paid sick leave each calendar year to their employees. The ordinance, titled “Promoting Healthy Families and Workplaces,” goes...
Tennessee OSHA Adopts new Federal Rules on Injury Reporting
William Rutchow, February 25, 2015
In a recent blog post, John Martin, a shareholder in Washington, D.C. and a member of the firm’s Workplace Safety and Health Practice Group, discussed the federal Occupational Safety and Health Administration’s (OSHA) announcement of a new rule that significantly changes an...