Product Liability/Mass Tort

Occupational Safety and Health Administration (OSHA)

Nilan Johnson Lewis handles workplace safety and health matters for numerous employers in various industries, including manufacturing and electrical utilities. Our team offers a range of OSHA-related services, including:

  • Training and compliance advice in regard to OSHA’s recordkeeping and reporting requirements, as well as,
  • Compliance advice for the general duty clause requirements, industry and hazard specific standards, and multiemployer situations;
  • Responding to, advising on, and handling OSHA inspections, including attendance at opening and closing conferences, managing all requests for documents and interviews, and preparing for and defending management-level and non-management-level employee interviews;
  • Contesting and negotiating general duty and industry specific citations to obtain rescission of the citation, reduction in the proposed penalties, and/or favorable changes to the citation language;
  • Litigating administrative proceedings;
  • Defending against enforcement actions and OSHA retaliation claims; and
  • Consulting related to company safety policies and programs.

Examples of Our Representation

  • Representing a major unionized employer in persuading OSHA not to issue citations in dozens of on-site inspections.
  • Convincing OSHA to rescind violations on many occasions, including a recent instance in which we persuaded OSHA to rescind multiple serious violations in a fatality case based on improper application of the multi-employer doctrine.
  • Providing process hazard analysis for a multi-state electrical company to ensure compliance with OSHA standards for general industry, construction, and power generation and transmission industries.
  • Successfully convincing OSHA to rescind violations related to alleged failure of company to provide electrical protective equipment, adequate fall protection, and proper job briefing procedures;
  • Prevention of filing of citations by OSHA in light of involvement in investigation related to air quality;
  • Negotiating serious citations to non-serious where employees injured due to arc flash incidents;
  • Advising clients on OSHA obligations related to numerous specialized issues, including but not limited to bloodborne pathogens, confined spaces and permit-required confined spaces, asbestos, chemical air quality issues, and fall protection;
  • Investigating, preparing responses to, and obtaining dismissal of OSHA retaliation charges, including defending witnesses during OSHA investigation interviews.
  • Associated Professionals
Sheila T. Kerwin

Sheila T. Kerwin