OSHA Proceedings

Occupational Safety and Health Administration (OSHA) Proceedings

Many employers operate in industries that are vulnerable to workplace-related injuries, illnesses, fatalities, and other safety and health hazards, making ongoing compliance with the OSH Act as well as other safety and health statutes and requirements an important consideration. These concerns are particularly important in light of the additional challenges currently posed by the COVID-19 pandemic. The attorneys at Mooney Wieland are experienced in consulting with clients to implement compliance measures and training programs, fulfill reporting requirements, and respond to OSHA inspections, investigations, and citations, including through formal litigation.

Compliance Advice

We take a proactive approach to ensure that our clients in high-risk industries are in compliance OSHA standards and reporting requirements that are constantly evolving and becoming increasingly complex.

Our OSHA attorneys are able to:

  • provide compliance guidance to meet OSHA training and reporting requirements and develop safety and health programs and policies
  • offer employee training on OSHA safety measures and other employment law matters
  • help clients obtain qualification for voluntary protection programs
  • seek modification of OSHA regulatory requirements

Workplace Casualty Support

Our team has experience responding to major workplace casualties, including accidents causing serious injuries and fatalities arising from drownings, fires, electrocutions, crane- and construction-related accidents, stevedoring accidents, and quasi-maritime casualties.

Our attorneys are often on-site within hours of a casualty to:

  • gather investigative information, preserve evidence, and assess potentially contributory workplace conditions
  • advise on tort liability and related insurance coverage issues
  • interface with governmental agencies and inspectors, including OSHA inspectors
  • guard against potential criminal prosecution related to the workplace casualty

OSHA Proceeding Representation

We have experience guiding clients through all phases of OSHA workplace inspections and casualty investigations, as well as representing clients in administrative proceedings and appeals to contest citations for violations of the OSH Act’s many provisions.

Our attorneys have handled:

  • on-site inspections and management interviews by OSHA and other governmental officials
  • informal conferences and negotiations with OSHA's area offices
  • negotiation of informal and other settlement agreements

We also represent employers in formal OSHA litigation proceedings, including:

  • citation contest proceedings before Occupational Safety and Health Review Commission (OSHRC) administrative law judges
  • appeals to the OSHRC and U.S. Courts of Appeals
  • tort defense in cases involving workplace safety and health