Occupational Safety & Health (OSHA)

Nixon Peabody has one of the leading Occupational Safety & Health (OSHA) practices in the country and helped define how OSHA law is interpreted and applied.

Overview

Our approach to helping clients solve their OSHA compliance needs, is holistic by strategically thinking about all aspects of workplace safety—not just defending against citations after they are issued. Our team of dedicated OSHA lawyers and attorneys are committed to addressing all aspects of workplace safety proactively.

We actively engage with our clients in providing input and feedback on emerging OSHA laws and regulations, including recent developments related to OSHA during the COVID-19 pandemic. We conduct internal investigations of workplace accidents, prepare emergency response plans and protocols, conduct workplace safety audits, and defend OSHA citations. We provide management training on all occupational safety and health issues and help develop robust, yet practical, safety programs to prevent accidents and minimize or eliminate exposure to citations and litigation. We audit and identify what is necessary for OSHA compliance and then assist with implementation.

Representative Experience

California Healthcare Company: Represented and defended more than 50 OSHA appeals relating to COVID-19. With the ever-changing rules and science behind COVID-19, this was one of the most complicated and largest set of cases California has ever seen. We ultimately negotiated a global settlement that resulted in withdrawals or reductions of a vast majority of the serious citations issued and significant civil penalty reductions.
Manufacturing company: Represented and defended in a workplace fatality. In addition to the Cal/OSHA investigation, the California Bureau of Investigations opened a criminal investigation. We represented the company and various high-level managers during the months-long investigation, after which there were no criminal charges filed and Cal/OSHA issued a non-serious citation for a minimal penalty of less than $900.
Construction company: Represented and defended in a fatality at a high-rise construction site in Manhattan, NY. One week before trial in New York, we reached a favorable resolution with the U.S. Department of Labor that involved a removal of all serious violations.