The overall goal of the Bricker & Eckler LLP OSHA Team is to help you, our clients, provide a safer workplace for your employees and represent you in dealing with the Occupational Safety and Health Administration (OSHA). We counsel an array of clients, from contractors and manufacturers to hospitals and schools, regardless of whether the matter deals with federal OSHA, state OSHA, or a state version of OSHA for public employees.

At every step of the legal process, our attorneys use their training, experience and knowledge of OSHA and its concerns to achieve the best possible outcome. While working together, our attorneys will help you with the following:

Prepare for OSHA Inspections
OSHA Inspections
Responding to OSHA Citations
When necessary, appeal the decision of an Admin. Law Judge
When necessary, appeal a decision of the OSHRC

Prepare for OSHA Inspections

• Train you and your employees on how to deal with an OSHA inspection.

• Review your safety procedures and policies to be sure they comply with the Occupational Safety & Health Act (OSHA).

• Edit your employee safety manual and propose revisions to improve it.

OSHA Inspections

• Train you and your employees on how and when to talk to a Compliance Officer, what to do during a walk-around, and what should happen during a closing conference.

• Assist you in preparing documentation to provide to OSHA in response to the Compliance Officer’s requests.

• Advise you about abating potential hazards quickly in order to avoid citations, if possible.

Responding to OSHA Citations

• Help you prepare for an informal conference with OSHA. After we explore the options with you, we will accompany you to the conference if you decide that is in your best interest.

• Review any settlement proposal from OSHA, tell you how it compares with settlement proposals OSHA usually makes under similar circumstances, and recommend whether you should accept it, negotiate to improve it, or simply refuse it altogether.

• Help you decide whether contesting the citation is right for you and draft the Notice of Contest for you if you decide it is.

• Advise you about such doctrines as the Multi-Employer Worksite Doctrine, if that applies to your situation.

• Help you evaluate your defenses, including affirmative defenses such as “unpreventable employee misconduct,” “infeasibility,” and “greater hazard.”

• Represent you in a hearing in front of an Administrative Law Judge, or—as often happens— help you to settle on favorable terms before any hearing is necessary.

• Handle all post-hearing briefing required and help you to understand and evaluate the Administrative Law Judge’s decision when it is issued.

When necessary, appeal the decision of an Administrative Law Judge

• Help you evaluate your options and decide whether an appeal to the Occupational Safety & Health Review Commission (OSHRC) is worthwhile.

• Advocate for you in front of OSHRC if you decide to appeal.

• Help you to understand and evaluate the OSHRC decision when it is issued and to assess your remaining options.

When necessary, appeal a decision of the OSHRC

If the appeal does not produce optimal results, the Review Commission is not the last resort. If you’re willing to wait for an answer and your case is strong, especially if the Review Commission split 2-to-1, you may want to consider an appeal to a Federal appellate court. In this case, our attorneys can do the following:

• Help you to evaluate your options and decide whether an appeal to a Federal appellate court is worthwhile.

• Advocate for you in front of the Sixth Circuit, or whatever Federal appellate court is appropriate for the state where your citation arose, should you decide to appeal.

• File an amicus brief with the Federal appellate court to help you gain support.

• Help you to understand and comply with the appellate court’s decision when it is issued.

To speak with a member of the Bricker & Eckler LLP OSHA Team, please contact Doug Shevelow.  At any step of the legal process, our attorneys are ready to provide service immediately.