Mr. Halprin has extensive experience with federal and state OSHA investigations and enforcement actions involving: chemical emergency response, chemical process safety management, chemical hazard communication, chemical releases, combustible dust, confined spaces, electrical safety, fall protection, the General Duty Clause, (Cal-OSHA) injury and illness prevention programs, injury and illness recordkeeping, lockout/ tagout, machine guarding, noise, paper mill standard, permissible exposure limits, powered industrial trucks, respiratory protection, and alleged employer retaliation claims.
Mr. Halprin’s engineering and financial background have been invaluable in handling enforcement actions, in providing compliance counseling and in evaluating and critiquing OSHA, EPA, MSHA and NIOSH rulemaking proposals and policy initiatives. On behalf of one or more clients, Mr. Halprin has participated in almost every major OSHA rulemaking initiative over the past 25 years and numerous Cal-OSHA rulemakings.
Mr. Halprin has a hands-on familiarity with the manufacturing environment and has represented clients in a broad range of industries, including aerospace, chemicals, construction, electronics, food, machinery, paper and forest products, petroleum, pharmaceuticals, plastics, steel, telecommunications and transportation. He has served on several ANSI and ASTM technical committees that address chemical safety, machinery safety, occupational health and safety, and nanotechnology, and he regularly follows and participates in the development of combustible dust standards by NFPA.
Mr. Halprin has been a strong advocate of measures to enhance the effectiveness of regulatory agencies and ensure they do not overreach their authority as demonstrated by his testimony before Congress, his participation in agency rulemakings and policy initiatives, and litigation he has brought on behalf of clients. Mr. Halprin is a frequent writer and speaker on a broad range of environmental, health and safety management issues.
Before joining Keller and Heckman, Mr. Halprin clerked for the Honorable Charles R. Johnston of the U.S. Tax Court.
Participation in Litigation, Rulemaking and Policy Developments with Widespread Impact
•Represented two pharmaceutical manufacturers in successfully petitioning NIOSH to remove active drug ingredients from the NIOSH List of Antineoplastic and Other Harzardous Drugs in Health Care Settings in April 2017 and January 2019.
•Represented the American Forest & Paper Association and the American Wood Council in their successful effort to have OSHA clarify when a combustible dust accumulation is considered excessive. See the April 21, 2015 OSHA guidance memorandum titled “Evaluating Hazardous Levels of Accumulation Depth for Combustible Dusts” at https://www.osha.gov/dep/enforcement/Combustible_Dusts_04212015.html
•Lead counsel for the American Petroleum Institute in its legal challenge to OSHA’s March 2012 GHS Amendment to the OSHA Hazard Communication Standard (HCS), resulting in a successful settlement that clarified the application of the amended HCS to combustible dust, petroleum streams and hazards not otherwise classified.
•Co-counsel and primary author of the comments for the primary industry coalition (led by the National Association of Manufacturers) challenging OSHA’s proposed October 19, 2010 re-interpretation of the OSHA Noise Standard.
•Co-counsel and primary author of the comments for the primary industry coalition (led by the US Chamber of Commerce) challenging OSHA’s proposed January 29, 2010 addition of a musculoskeletal disorders (MSD) column to the OSHA Injury and Illness Recordkeeping Rule.
•Primary author of the comments submitted on behalf of the Grocery Manufacturers Association in the Cal-OSHA Diacetyl Rulemaking to preserve the exemption for flavors containing less than 1% diacetyl.
•Lead counsel for the successful intervention on behalf of the Aerospace Industries Association to preserve the Separate Engineering Control Airborne Limits (SECAL), permissible exposure limit (PEL) and action level (AL) of OSHA’s Hexavalent Chromium Standard against the challenge brought by Public Citizen. Public Citizen Health Research Group v. Dept. of Labor, 557 F.3d 165 (3d Cir. 2009).
•Counsel to the Construction Industry Silica Task Force that: met with OSHA and NIOSH personnel to discuss development of a task-based control banding approach to control exposure to crystalline silica in the construction industry; collected exposure monitoring data; and developed a control banding approach that was submitted to OSHA and NIOSH. It was later incorporated into ASTM E2625 and eventually into Table 1 of the OSHA Respirable Crystalline Silica Standard adopted on March 25, 2016.
•Author of the comments submitted to the Chemical Safety Board (CSB) that apparently persuaded the CSB to conclude that it did not have the legal authority under the Clean Air Act to adopt the proposed Accident Investigation Initiation Notice and Order to Preserve Evidence [Rule], which was published in the Federal Register on January 4, 2006 (71 FR 309).
•As lead counsel for the American Forest & Paper Association, negotiated the withdrawal of OSHA citations issued to multiple paper companies and an unprecedented OSHA compliance instruction (effectively a generic variance) covering the design, operation and maintenance of chemical batch digesters -- a type of pressure vessel in wide use within the paper industry to convert wood chips into pulp. See OSHA Directive CPL 02-01-041, Alternative Abatement Method for 29 CFR 1910.261(g)(17) - Over-pressure Protection for Batch Digesters Used in the Pulp Processing Industry.
•Dec 07, 2016 Larry Halprin Quoted in Occupational Safety and Health Daily Article Trump Won’t Tinker with Workplace Safety
•Nov 02, 2016 Partners Larry Halprin and Doug Behr Mentioned in Law 360 Article Trade Groups Urge Nationwide Stay of OSHA Reporting Rule
•Oct 26, 2016 Lawrence Halprin to Present OSHA Regulations and Potential Impact
•Oct 26, 2016 Larry Halprin Presented Walking Surfaces and Fall Protection Update
•Oct 26, 2016 OSHA Recordkeeping Update
•Oct 12, 2016 Larry Halprin Presented Workplace Safety Update
•Oct 06, 2016 Lawrence Halprin Quoted in Occupational Safety and Health Daily Article OSHA Changes to Lockout/Tagout Role Overreach or Overdue?
•Jul 20, 2016 OSHA 30/30 - July 20, 2016
•May 17, 2016 OSHA 30/30 - May 17, 2016
•Aug 26, 2014 Lawrence Halprin Selected to Present at the VPPPA 30th Annual National Conference
•Aug 20, 2014 OSHA 30/30 - August 20, 2014
•Apr 30, 2014 OSHA Citation for Contractor’s Alleged Failure to Exchange Lockout/Tagout Information with Host Employer Heard by U.S. Court of Appeals
•Dec 18, 2013 OSHA 30/30 - Updates with Manesh Rath
•Jan 28, 2019 OSHA Releases New Silica FAQs for General Industry
•Jan 11, 2019 The Potential-Impact-of-OSHA-300-Records on the Scope of-OSHA-Inspections
•Dec 21, 2017 Managing the Hazards of Compressed Oxygen Cylinders
•Nov 30, 2017 OSHA Injury and Illness Recordkeeping UPDATE
•Nov 03, 2017 Does the TOMRA NY Recycling Agreement Reflect a Change in OSHA’s Approach to the Application of the OSHA Bloodborne Pathogens (BBP) Standard?
•Aug 14, 2017 Why Did OSHA Propose to Remove the Principle of Unexpected Energization from its Lockout/Tagout Standard?
•May 05, 2017 EPA Issues Proposal for TSCA Chemical Risk Evaluation
•American Bar Association
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