Occupational Safety & Health (OSHA)



From “A” (Cal/OSHA’s ATD standard) to “Z” (Fed/OSHA’s subpart Z), we help our clients with their many complex safety and health compliance obligations and defend them when citations are issued or litigation arises.

Our approach

We know OSHA law inside and out, and we have helped define how that law is interpreted and applied.

With literally thousands of safety and health regulations to follow, compliance can be very difficult for employers. From the hazards of each specific job, to responding to natural disasters, workplace emergencies and pandemic response, we help you find effective solutions.

We provide management training on all occupational safety and health issues and help you develop robust, yet practical safety programs and stay on top of regulatory developments. We help you audit and identify what you need to do to be in compliance today—and tomorrow—and then help you with implementation.

We guide employers through the crucial hours during an agency inspection and through emergency response. If and when citations, litigation or criminal charges follow, we provide our clients with early case analysis, efficient case management and a tenacious defense.

Where compliance just is not feasible, we also assist in obtaining relief through variances and the rulemaking process.

Who we work with

  • All employers, with an emphasis on high-hazard industries subject to the strictest occupational safety and health regulations

Are employers obligated to accommodate requests to work from home?

WHEC-TV News 10NBC | July 22, 2020

Rochester Labor & Employment partner Kim Harding was featured in this broadcast segment on what obligations employers have to work with their employees as schools start again in September.

DOL Must Hand Over Amazon Safety Data to Journalism Outlet

Bloomberg Law | July 07, 2020

In this article on a recent decision requiring the U.S. Labor Department to provide unredacted safety records to an investigative journalism organization, San Francisco Labor & Employment associate Rachel Conn is quoted on how the decision could make it easier for media outlets and labor unions to request injury and illness data from the government. The decision could also lead to adverse publicity for companies.

Employers with skeleton crews are on the hook for their safety

Bloomberg Law | March 26, 2020

San Francisco Labor and Employment associate Rachel Conn discusses some of the methods employers are using to keep essential employees safe during the coronavirus outbreak—from staggered shifts to reconfigured work spaces.

Are you an essential worker? Says who? And what if you don’t think your job is worth the coronavirus risk?

Chicago Tribune | March 25, 2020

Labor and Employment deputy practice group leader Brian Alcala in Chicago talks about the advice he is giving employers whose employees feel unsafe reporting for work during the coronavirus outbreak.

Rochester Business Report

WHAM-AM (Rochester) | March 13, 2020

This story highlights Rochester Labor and Employment partner Kim Harding’s guidance on what is required of employers during the coronavirus outbreak.

One of your employees is diagnosed with coronavirus What now

CNN Business | March 13, 2020

San Francisco Labor and Employment associate Rachel Conn discusses the steps employers should take if they learn that an employee has contracted coronavirus, including reaching out to local health authorities and notifying employees, customers, and vendors.

In addition to health concerns, coronavirus a legal and employment issue

The Daily Record | March 12, 2020

This coverage features the insights of Rochester Labor and Employment partner Kim Harding on how companies should address the growing coronavirus outbreak—including developing remote work guidelines and protecting the confidential health information of employees.

Rochester-area employers preparing for spread of coronavirus

Spectrum News | March 11, 2020

This coverage features the insights of Rochester Labor and Employment partner Kim Harding on how companies should address the growing coronavirus outbreak—including developing remote work guidelines and protecting the confidential health information of employees.

The Coronavirus checklist: Nine steps to protect your company

Bloomberg Businessweek | March 03, 2020

In this article, San Francisco Labor and Employment associate Rachel Conn suggests that employers coping with coronavirus impacts create a communicable illness policy that outlines what illnesses are covered, employees’ obligation to report them, and employers’ communications practices during an outbreak.

News 8 at Five

WROC-TV | March 02, 2020

Rochester Labor and Employment partner Kim Harding talks about how employers can effectively address the coronavirus outbreak, including weighing short-term staffing needs, analyzing sick leave policies, and limiting employee travel to severely impacted areas.

Coronavirus has employers examining policies around employee illness

WHEC-TV | March 02, 2020

Rochester Labor and Employment partner Kim Harding talks about how employers can effectively address the coronavirus outbreak, including weighing short-term staffing needs, analyzing sick leave policies, and limiting employee travel to severely impacted areas.

Businesses need to start preparing now for virus outbreak

Boston Globe | February 26, 2020

This article on local businesses’ preparation for a possible coronavirus pandemic reaching the U.S. quotes Labor and Employment practice group leader David Rosenthal, who encourages employers to be flexible with their workforces and demonstrate to employees that they are prepared.

The new coronavirus prompts businesses to rethink global travel

WXXI News | February 25, 2020

This radio interview (also available in print) features Rochester Labor and Employment partner Kim Harding discussing the steps Nixon Peabody and other businesses are taking to modify employees’ travel routines as the coronavirus spreads. Kim also explains employers’ right to tell workers to stay home if there is a possibility of infection.

California Employers Should Start Working on Violence-Prevention Plans

Society for HR Management | December 09, 2019

In this article, San Francisco labor and employment associate Rachel Conn provides her insights related to the California Division of Occupational Safety and Health’s draft regulation on workplace-violence prevention programs.

INSIGHT: California overhaul of injury recordkeeping rules just a start

Bloomberg Law | June 04, 2019

San Francisco Labor and Employment associate Rachel Conn wrote this contributed article outlining California’s recent actions to strengthen its occupational safety record-keeping rules in response to weakened protections at the federal level.

UPS egress citations, settlement could put logistics firms on notice

Bloomberg Environment | January 10, 2019

San Francisco Labor & Employment partner Jeff Tanenbaum is quoted in this article on a recurring set of safety issues identified by OSHA at a UPS distribution center in Ohio.

Tough California hospital worker safety rules here to stay

Bloomberg Law | August 12, 2018

San Francisco Labor and Employment partner Jeff Tanenbaum is quoted in this article discussing the new Cal/OSHA standards for workplace safety in health care professions.

Contacts

Jeffrey M. Tanenbaum

Senior Counsel
Co-chair, Occupational Safety & Health (OSHA)

jtanenbaum@nixonpeabody.com

Phone: 415-984-8450

Benjamin J. Kim

Partner
Co-chair, Occupational Safety & Health (OSHA)

bkim@nixonpeabody.com

Phone: 213-629-6090

  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Employment attorneys ranked as leading lawyers in their fields by Chambers USA/Global
  • Ranked by Law360 as an Employment 100 firm
  • National and metropolitan honors from publications like Best Lawyers in America, Super Lawyers, Martindale-Hubbell, and other directories and publications
Back to top