
Contact
- 716.848.1395
Professionals
Since the Occupational Safety and Health Act (OSHA) was enacted in 1970, OSHA regulations and employer-compliance obligations have expanded considerably. At the same time, OSHA inspections have become increasingly targeted through the agency’s programmed enforcement activities, including Site-Specific Targeting (SST), National Emphasis Programs (NEPs), Regional Emphasis Programs (REPs), Local Emphasis Programs (LEPs), and Enhanced Enforcement Programs (EEPs).
As the regulatory environment has become increasingly complex, compliance efforts often require collaboration between skilled personnel within the company and outside counsel and consultants with appropriate technical knowledge.
Who Is Affected?
Nearly every company in every industry is subject to OSHA regulations and therefore faces potential OSHA inspections. At Hodgson Russ, we have helped clients in a number of industries to manage their OSHA exposures. To name just a few, we have assisted cabinetmakers, chemical manufacturers, coating and dipping facilities, common carriers, construction contractors, dairies, hospitals, industrial equipment manufacturers, machine shops, metal fabricators, nonprofit health and human service providers, nursing homes, sawmills, schools, supermarkets, trenchers, and warehousing operators.
How We Can Help
Our attorneys regularly assist clients at every stage of OSHA inspections, including providing proactive pre-inspection planning and counseling on employers’ legal rights related to the inspection process. When OSHA inspections are due to specific accidents or injuries, we lead clients through appropriate investigations to help manage the workers' compensation and civil liability exposures that can result. We also counsel clients on the interplay of OSHA’s enforcement activities and civil liability. Regular successes on behalf of clients include the withdrawal or narrowing of OSHA inspection requests and the avoidance or reduction of citations and penalties, including through negotiation and administrative litigation.
Selected Services Include:
- Analysis by employer classification of likely exposures through identification of commonly cited regulations
- Communication with OSHA officials on an employer’s behalf
- Compliance counseling about applicable regulations and the “general duty” clause
- Counseling for construction contractors regarding liability exposures and other implications of OSHA’s multi-employer citation policy
- Counseling with regard to workers compensation and civil liability exposures associated with workplace accidents and OSHA inspections
- Defense of citations, penalties, and abatement
- Defense of whistleblower and discrimination complaints
- Development and implementation of protocols and procedures to be followed in the event of an inspection
- Drafting and negotiation of settlement agreements
- Employer-rights counseling regarding the commencement, procedure, and conduct of an OSHA inspection
- Participation in OSHA inspections
- Plant and worksite tours to facilitate hazard identification and safety planning
- Record keeping and reporting of occupational injuries and illness
- Representation of employers in contest proceedings before the Occupational Safety & Health Review Commission
- Risk and inspection-exposure counseling related to programmed enforcement activities, including SSTs, NEPs, REPs, LEPs, and EEPs
- Risk and inspection-exposure counseling related to unprogrammed inspections commenced as a result of employee complaints, referrals, or accidents
- Strategic decision-making and preparation for managing an inspection
- Representation of Non-Profit Organization in OSHA Violation and Administrative Litigation Stemming from a Death Caused by a Workplace Violence Incident
- Represented Housing Authority on Common Law Indemnification Claim
- Represented School District in Alleged “Sick Building” Case
- Successfully Moved to Dismiss Action Commenced by Workers Compensation Board
In the News
- Buffalo Business First, October 30, 2020
- April 23, 2020
Publications
- Hodgson Russ Occupational Safety & Health Act Alert, August 8, 2023
- Hodgson Russ OSHA and Healthcare Alert, March 28, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, February 18, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, January 14, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, January 12, 2022
- Hodgson Russ OSHA and Labor & Employment Alert, December 23, 2021
- Hodgson Russ OSHA and Labor & Employment Alert, December 20, 2021
- Hodgson Russ OSHA and Labor & Employment Alert, December 8, 2021
- Hodgson Russ OSHA Alert, November 17, 2021
- Hodgson Russ OSHA Alert, November 8, 2021
- Hodgson Russ OSHA Alert, November 5, 2021
- Hodgson Russ OSHA Alert, September 21, 2021
- Hodgson Russ OSHA Alert, September 10, 2021
- Hodgson Russ OSHA Alert, July 1, 2021
- Hodgson Russ OSHA Alert, June 15, 2021
- Hodgson Russ OSHA Alert, April 27, 2021
- Hodgson Russ OSHA Alert, March 17, 2021
- Hodgson Russ OSHA Alert, August 17, 2020
- BLR's New York Employment Law Letter, July 1, 2020
- Hodgson Russ OSHA Alert, June 26, 2020
- Hodgson Russ OSHA Alert, June 15, 2020
- Hodgson Russ OSHA Alert, June 9, 2020
- Hodgson Russ OSHA Alert, June 1, 2020
- Hodgson Russ OSHA Alert, May 27, 2020
- Hodgson Russ OSHA Alert, May 18, 2020
- Hodgson Russ OSHA and Business Litigation Alert, May 13, 2020
- Hodgson Russ Healthcare & OSHA Alert, April 2, 2020
- Hodgson Russ Labor & Employment and OSHA Alert, April 2, 2020
- Hodgson Russ OSHA Alert, October 30, 2019
- Hodgson Russ OSHA Alert, October 28, 2019
- Hodgson Russ OSHA Alert, September 27, 2019
- Occupational Safety & Health Alert, February 7, 2019
- Occupational Safety & Health Act Alert, October 19, 2018
- Occupational Safety & Health Act Alert, October 17, 2018
- Occupational Safety & Health Act Alert, April 16, 2018
- OSHA Alert, May 10, 2017
- Client Alert, August 8, 2016
- Hodgson Russ Alert, September 23, 2014
- October 4, 2013
- Lawyers Weekly, July 5, 2013
- OSHA Alert, June 7, 2013
- May 10, 2013
- New York Law Journal, November 20, 2012
Presentations & Events
- August 24, 2021
- July 1, 2020
- June 10, 2020
- June 9, 2020
- May 29, 2020
- May 15, 2020