Occupational Safety and Health Law
As an employer in an industry vulnerable to workplace-related injuries or health hazards, your ongoing compliance with federal and state OSHA requirements is a pervasive concern. Having the right compliance measures and training programs in place, meeting OSHA reporting requirements, responding to investigations, citations, or employee claims, all require the support of a seasoned and diverse labor and employment law team.
The Backing of an Experienced Legal Team
Since the passage of OSHA, as well as the Mine Safety and Health Act (MSHA), Holland & Knight labor and employment lawyers have been representing clients in a full range of OSHA- and MSHA-related matters. From risk management to intervention in a crisis, Holland & Knight OSHA attorneys can provide reliable counsel as well as formidable defense.
Integrated Practice Support Enhances Your Protection
Your Holland & Knight team of dedicated occupational safety and labor and employment law practitioners is poised to address any workplace safety or mine safety issue you face. They can also efficiently draw in other firm practice support, including lawyers from: general business, construction, litigation, and environmental law practices.
Achieving Occupational Safety and OSHA Compliance Through Proactive Measures
As OSHA standards and OSHA reporting requirements have become increasingly complex and technical -- and have broadened to encompass more types of injuries -- employers look to their law firm partners for more than defensive representation. Holland & Knight OSHA lawyers assist clients in managing the risks as well as the costs associated with non-compliance through:
- development of occupational safety, mine safety and health programs and policies
- guidance for complying with regulation-specific programs and for meeting OSHA reporting requirements
- employee training on OSHA safety measures and other employment law matters
- obtaining qualification for voluntary protection programs
- seeking modification of OSHA regulatory requirements, as well as requirements mandated by the Mine Safety and Health Act and Mine and Safety Health Administration
Responding to OSHA Investigations, Citations and Claims
Holland & Knight OSHA attorneys can support you through all phases of an investigation, or the citation contest process, including:
- representation at onsite inspections and during management interviews with the government
- informal conferences with local area OSHA offices
- negotiation of settlement agreements
In more formal litigation matters, we have assisted employers through:
- defense of litigated contest proceedings initiated by the Solicitor of Labor's office before administrative law judges
- arguing appeals to the Occupational Safety and Health Review Commission and up to the United States Courts of Appeals
- defense in the full range of cases involving workplace safety (e.g., accidents, injuries, fatalities) and health (e.g., toxic exposure to chemicals and carcinogens, noise, dust, heat)
- defending against OSHA safety-related retaliation claims by employees and former employees
Rapid Response After Catastrophic Accidents
After catastrophic workplace accidents involving fatalities and/or multiple hospitalizations, Holland & Knight OSHA attorneys are deployed swiftly to provide critical support. The team is often on-site with the following goals:
- providing timely counsel
- helping contain the OSHA/MSHA issues
- helping insulate you from criminal prosecution
- assisting in managing property and personal injury liability and related insurance coverage issues