OSHA Advice and Litigation

Regardless of size or industry, all employers face challenges in protecting the safety and health of their employees.  We understand that ensuring compliance with the myriad of federal and state occupational safety and health standards and regulations and minimizing workplace injuries is critical to any company’s bottom line.

In today’s heightened regulatory environment, our OSHA attorneys are here for you.  We provide comprehensive occupational safety and health law services, including counseling on company safety and health programs and procedures, to representing employers through inspections and litigation arising out of state and federal enforcement actions.

At the same time, because the firm’s experience spans a wide array of practice areas, including employment law and general liability, our clients can rest assured knowing that we will be able to identify and address the larger implications of any OSHA issues that your company may face.  This includes any potential civil liability, employee retaliation claims, and possibly criminal prosecution.

Developing a Health and Safety Program

Our attorneys work with clients to develop and implement comprehensive safety and health plans aimed at ensuring compliance and eliminating workplace accidents.  In providing this service, we first take the time to get to know your company so that our advice can be tailored to your individual needs.  We can also assist in implementing these programs and are available to provide training or simply answer questions from managers and employees.  Additionally, our attorneys monitor OSHA cases and new safety and health regulations on a daily basis and provide regular newsletters and alerts so our clients can focus on growing their businesses.

Inspection Counseling

Having a plan in place for when an OSHA inspector arrives at a job site or facility should be an essential component to any company’s workplace safety and health program.  Our attorneys are able to use their experience to assist in managing the inspection on behalf of your company in a way that will present your best case to the agency while they decide what enforcement action to take.  For those situations where we are not able to be physically present during an inspection, we can provide our clients with the tools to guide them through the inspection process.  Taking early steps to develop a plan ensure that when an inspection does occur, there will be fewer non-compliance issues and smaller fines associated with violations.

Litigation

Our firm’s roots in the courtroom provides our OSHA attorneys the support and experience necessary to take on the state and federal agencies if, and when, a citation is issued.  Employers should not simply accept citations as a cost of doing business.  If OSHA does not have the factual or legal basis to support its citation, we believe the employer should seek to have the citation withdrawn so as to avoid costly “repeat” or “willful” citations in the future.  Our experienced OSHA attorneys will ensure that any citation our clients receive will be carefully scrutinized.  Once litigation is underway, our years of trial experience provides our clients with the confidence of knowing that their attorney is vigorously advocating on their behalf and taking the necessary actions to best position their company for a successful appeal or resolution of a citation.

 

Affiliations:

American Society of Safety Engineers, Columbia-Willamette Chapter
ALFA International Construction Practice Group
ALFA International Transportation Practice Group
Asphalt Pavement Association of Oregon
Claims and Litigation Management Alliance
Defense Research Institute
Oregon Association of Defense Counsel
Oregon Restaurant and Lodging Association
National Utility Contractors Association of Oregon and SW Washington
Portland Homebuilders Association
Public Risk Management Association (PRIMA)