Occupational Safety and Health

Human Capital


Blank Rome’s employment attorneys represent employers in all aspects of occupational safety and health compliance, from referrals and specific expert consultants, to the defense of alleged OSHA violations. Working in conjunction with the Firm’s White Collar Crime Practice Group, we also defend our clients in connection with criminal OSHA charges.

What We Do 

Prevention of Citations

  • Walk our clients through the complicated maze of OSHA regulations and standards.
  • Recommend appropriate consultants.

Negotiation of Penalty Reductions

  • Explain the OSHA penalty calculation metrics.
  • Assist employers in marshalling evidence for reductions.
  • Negotiate or assist employers in penalty reduction processes with area directors.

Contest

  • File and litigate notices of contest before Occupational Health and Safety Review Commission.
  • Defend Sarbanes-Oxley whistleblower claims.
  • Oppose petitions for imminent danger injunctions in the federal courts.

Crisis Management

  • Work with management to reduce citations for willful violations, including workplace death cases.
  • Work with management to decriminalize criminal OSHA or local law charges and to defend against such claims.
  • Defend attacks on worker compensation exclusivity based on alleged intent to injure.

What Makes Our Practice Different 

  • An emphasis on negotiation, penalty reductions and alternative abatement methods to avoid costly litigation.
  • An appreciation of the labor-management impact of safety issues.
  • A multidisciplinary approach working with other practice groups where appropriate.

Representative Engagements 

  • Successfully represented a manufacturing company in a high profile case involving multiple employee deaths in a chemical plant explosion.
  • Prevented criminal prosecution, significant penalties, and any findings of willfulness in a matter involving the electrocution and death of a transportation worker.
  • Substantially reduced serious citations and monetary penalties against a company cited for a machine guard violation.
  • Successfully negotiated minimum penalties for workplace deaths at an audio systems company and a high end metals fabricator.