Occupational Safety and Health

Burns White has extensive experience in occupational safety and health litigation.

We offer advisory and consultative legal services to safety and health managers in construction, manufacturing, oil and gas, transportation, and logistics businesses. We help businesses who receive citations or orders from federal, state or local regulatory enforcement agencies for alleged safety and health violations. These situations can be stressful to an organization due to uncertain and potentially costly consequences. Burns White is here to help, and we offer the following services:

Risk Avoidance and Compliance

We work with your organization’s risk management and safety teams to assess your safety and OSHA compliance program. Our attorneys have extensive experience litigating regulatory compliance issues, and use this knowledge to assess risks and ensure compliance through safety policies and training. Additionally, we identify potential emergency scenarios and outline an emergency response plan for your business.

OSHA Consultation

For businesses subject to OSHA inspection, Burns White assists clients who receive notification of a citation. We are available to help every step of the way, from citation to informal hearing, and if necessary, through hearing before the Occupational Safety and Health Review Commission (OSHRC). We offer auditing and compliance assistance through the initial conference, preparation for and attendance at employee interviews, communication with enforcement officers, and attendance at settlement conference. We will negotiate on your behalf for the best possible outcome, and assist with investigations for spot inspections or other incidences. Consultation services are available on a flat fee basis for maximum impact at a reasonable cost.

Whistleblower Retaliation Defense

We have defended companies cited by OSHA for whistleblower violations and represented them in front of OSHA, the Department of Labor Administrative Law Judges, the Administrative Review Board, and in subsequent litigation in Federal court. In addition to traditional whistleblower litigation, we have also counseled clients on risk management strategies and training to mitigate any exposure to these types of claims. Additionally, we  defend companies in Qui Tam litigation, representing medical facilities in actions with the Department of Justice and Realtors involving allegations of fraudulent Medicare billing and sham medical directorship arrangements.

Agency Rulemaking and Comment Drafting

Burns White continually monitors proposed occupational safety and health rulemaking initiatives. We can develop public comments on behalf of employers and/or industry trade groups to address the concerns of affected stakeholders.

The Occupational Safety & Health Group

Let us help you navigate the regulatory complexities of OSHA compliance. Well versed in managing OSHA inspections, citation contests, and abatement orders, our attorneys can be your company’s best defense.

We work closely with clients to formulate a unique mitigation strategy that conforms to each client’s distinct needs and circumstances. In addition, we help implement proactive measures to reduce the likelihood of future citations and regulatory scrutiny.

With more than 25 years of broad technical expertise, we have a proven track record of helping clients from varied industries in areas relating to business, regulatory, and litigation matters.