Of course you don’t want anyone to get hurt on the job. No matter what type of business you are in, maintaining a safe and healthy workplace is not just a legal responsibility – it’s critical to maintaining worker productivity, your company’s reputation, and a successful bottom line. But with a complicated maze of state and federal regulatory requirements, it can be easy to overlook many of the details involved in maintaining and properly documenting your safe and healthy workplace.
Led by a former Assistant Secretary of Labor heading OSHA, Constangy’s team of experienced attorneys helps our clients anticipate and meet legal requirements for worker safety, identify situations that are likely to draw regulatory attention, manage audits and inspections, respond when crisis strikes, and represent clients during OSHA inspections and if citations are issued.
What Sets Us Apart
Unlike other firms, the attorneys in our OSHA practice group are solely dedicated to assisting clients with OSHA-related matters. We do not just occasionally handle OSHA matters; this is what we do every day. In addition to being solely dedicated to helping clients with OSHA matters, we are unique in the relationships that we have developed with the Agency.
Several members of our team have served in key national positions with OSHA, including, as noted, a former head of OSHA, a former Administrative Law Judge in the Occupational Safety and Health Review Commission, and a former attorney with the Occupational Safety and Health Review Commission in Washington, D.C. As a result of this experience, we have unique insights into the Agency’s inner workings. While we’re not afraid to go to the mat for our clients’ interests, we use that knowledge whenever possible to resolve disputes in an efficient manner and to help foster positive working relationships between employers and key safety and health officials.
What We Do
Constangy attorneys help our clients with a full range of workplace safety issues, including:
- Preparing for and representing clients during inspections by OSHA and other agencies
- Preparing written responses to employees’ safety complaints to OSHA
- Responding and reporting appropriately when an incident occurs
- Defending employers who have been issued OSHA citations in enforcement proceedings, including allegations of willful, repeat or serious violations
- Developing workplace safety policies and programs that comply with federal and state OSHA requirements
- Keeping policies and processes up-to-date as rules and requirements change
- Training executives, managers and front line staff on how to comply with regulatory and reporting requirements
- Managing internal audits of compliance and reporting processes
- Obtaining authoritative and timely interpretations from OSHA officials on compliance issues
- Conducting due diligence of safety and health compliance programs for mergers or acquisitions
- Guarding against retaliation and whistleblowing complaints and representing employers during these investigations
- Providing comments and testimony on policy proposals and rulemakings
- Helped a national retailer create and update its workplace safety programs to increase compliance across a network of more than 7,000 locations.
- Conducted numerous recordkeeping audits and training for various Fortune 500 companies, none of whom have been cited for OSHA recordkeeping violations.
- Advised the United States Occupational Safety and Health Administration on recordkeeping interpretations and issues.
- Represented clients during OSHA rulemaking process to obtain favorable regulatory action.
- Represented clients before Food and Drug Administration and OSHA to successfully secure favorable revisions to existing hazardous material labeling requirements and issuance of Hazard Bulletin addressing health issue important to client’s business.
News & Analysis
Newsletters & Bulletins
- OSHA takes first step toward changing requirements for electronic submission of injury, illness information7.31.18
- California Supreme Court opens door to extensive new remedies for violations of safety and health standards2.14.18
- OSHA proposes to give employers until Dec. 1 to electronically submit injury summaries — and will propose changing other parts of the rule6.28.17
- Rulemaking may be needed for OSHA to include union reps in inspections of non-union worksites, judge finds2.10.17
- Court refuses to block OSHA’s new anti-retaliation rule that restricts post-accident drug testing and safety incentive programs11.30.16
- OSHA DELAYS enforcement date for new anti-retaliation rule that would restrict post-accident drug testing and safety incentive programs10.19.16
- Don’t Panic! Employers should be able to continue most post-accident drug tests under OSHA’s new “reasonable reporting procedure” rule6.28.16
- OSHA Rule Requires Public Reporting of Injuries by Employers, Bans "Unreasonable" Requirements for Employees to Report5.13.16
- TROJAN HORSE IN THE 2015 BUDGET AGREEMENT: OSHA can (and undoubtedly will) raise penalties by 82 percent11.5.15
- OSHA Proposes Requiring Employers to Submit Injury and Illness Records to an OSHA Website that will be Open to the Public11.15.13
- OSHA Says In A New Interpretation Letter That Outside Union Representatives Can Participate In OSHA Inspections At Non-Union Facilities5.7.13
- OSHA Announces Proposed Recordkeeping Rule Adding a Separate Column to the OSHA 300 Log for Musculoskeletal Disorders2.10.10
- Briefings & Seminars, State Bar of Georgia, 2.20.18
- Briefings & Seminars, 2.17.17
- Webinar - Don't panic! Employers should be able to continue most post-accident drug tests under OSHA's new "Reasonable Reporting Procedure" RuleWebinar, 7.28.16
- Briefings & Seminars, 2.26.16
- Briefings & Seminars, 1.16.15
- Briefings & Seminars, 2.28.14
- Employment & Labor Insider, 8.10.18
- Employment & Labor Insider, 5.11.18
- Employment & Labor Insider, 5.8.18
- Employment & Labor Insider, 3.29.18
- Employment & Labor Insider, 3.6.18
- OSHA 2018, Days Away From Work Calendar With and Without Space for Notes
- OSHA 2017, Days Away From Work Calendar With and Without Space for Notes
- OSHA 2016, Days Away From Work Calendar With and Without Space for Notes
- OSHA 2015, Days Away From Work Calendar With and Without Space for Notes
- OSHA 2014, Days Away From Work Calendar With and Without Space for Notes
- Frequently Asked Questions
- Hearing Loss Decision Tree
- Documents Frequently Inspected
- Specific Procedures For, During, and After an OSHA Inspection
- Summary Guidelines for Handling an OSHA Inspection