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.
Overview of our expertise
- Recreational and Powersports Products
- Medical Device, Pharmaceuticals, and Other Health Care Products
- Transportation Litigation
- Unmanned Aircraft Systems (UAS or Drones)
- Toxic Torts
- Premises Liability
- Fire and Explosion Cases
- Occupational Safety and Health Administration (OSHA)
- Preventive Measures and Risk Management Strategies
- Social Media Investigation of Jurors and Opposing Parties
- Food Industry Litigation
- Examples of Value Our Team Provides