Federal and state occupational and mine safety and health and commercial motor vehicle safety laws and regulations (including those governing transportation of hazardous materials) subject employers to a daunting array of requirements governing the safety and health of their employees. Armed with these laws and regulations, the federal Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), Department of Transportation (DOT) and their state counterpart agencies conduct thousands of investigations of employers’ work operations each year. As a result of those investigations, those agencies assess millions of dollars in civil fines and penalties to employers, and may recommend criminal prosecution under certain circumstances. These costs are in addition to the billions of dollars that employers spend annually to comply with the complex federal and state occupational and mine safety and health and DOT laws and regulations.
Our practice emphasizes a practical approach to occupational safety and health. We view compliance with occupational and mine safety and health and DOT laws and regulations not as an end in itself, but as a means to assist employers to increase productivity and to reduce the costs of doing business (including reducing incidences of employee absenteeism, work restrictions and overtime, as well as reducing workers’ compensation and health and disability insurance premiums and payments).
We routinely:
- Counsel clients regarding occupational and mine safety and health and DOT compliance, including process safety management of highly hazardous chemicals and commercial motor vehicle driver and registration requirements.
- Represent clients during OSHA, MSHA, DOT, U.S. Chemical Safety and Hazard Investigation Board (CSB) and state occupational safety and health agency investigations, including investigations involving employee fatalities and serious injuries.
- Litigate complaints before the U.S. Occupational Safety and Health Review Commission, the U.S. Mine Safety and Health Review Commission, state occupational safety and health adjudicatory agencies and in state and federal courts.
- Organize and conduct comprehensive occupational safety and health compliance audits under the protection of the attorney-client privilege and as attorney work product.
- Create and implement the occupational safety and health components of clients’ environmental, safety and health (EHS) management systems.
- Work closely with client personnel and external engineering, chemical, safety and industrial hygiene experts to meet our clients’ occupational safety and health needs.