OSHA Counseling and Litigation

As counsel on OSHA matters to employers across the nation, we are concerned with developing effective strategies and relationships that benefit our clients both pre- and post-enforcement in the occupational safety and health arena. Our decades of experience across a wide range of industries can help you avoid OSHA disputes and defend yourself against citations or violations should they be issued.

Venable attorneys have decades of experience representing large and small employers across a wide range of industries in occupational safety and health matters, including defending clients against citations issued by the Occupational Safety & Health Administration and virtually every state plan counterpart in more than 40 jurisdictions. Our representation of employers in these matters is enhanced by our success at developing strong relationships with federal and state OSH officials. This is due in large part to the involvement of Venable partner Ronald Taylor in the American Bar Association's Occupational Safety & Health Law Committee, which has included a three-year term as management co-chair of the Committee.

When approached by an employer to represent them in an OSHA-related matter, our attorneys work closely with them to ensure that the desired result is reached in an effective, cost-efficient manner. We consider not only the potential penalties, but the effect of citations and the cost and implications of any abatement requirements. Thus, we help ensure that the employer fully understands the ramifications of all citations, and is not subjected to burdensome abatement requirements or repeat or willful violations.

Practice Focus

  • Arbitrations
  • Audits
  • Class actions
  • Collective bargaining
  • Diversity / affirmative action
  • EEO / harassment claims
  • Employee benefits
  • Employment agreements
  • Employment disputes
  • ERISA compliance
  • Financial services wage compliance
  • Government contracts
  • Healthcare cost reduction
  • Intellectual property litigation
  • Immigration sanctions
  • Labor cost reductions in mergers and acquisitions, bankruptcy, and healthcare
  • Litigation
  • NLRB, union campaigns, and ULPs
  • OSHA
  • Personnel policies
  • Trade secrets / non-competes
  • Wage and overtime claims
  • WARN Act compliance
  • Whistleblower

Industry Focus

  • California
  • Colleges and universities
  • Construction
  • Energy
  • Entertainment / media
  • Financial services
  • Government contracting
  • Healthcare
  • Hospitality
  • Independent schools
  • Information technology
  • Manufacturing
  • Nonprofits / trade associations
  • Public employers
  • Retail
  • Telecommunications
  • Transportation

Experience
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Venable attorneys have represented employers in a broad array of OSHA-related matters, including the following:

  • Successfully defended a nationwide retail employer in OSHA enforcement actions in virtually every state
  • Successfully defended a large construction manager against claims of willful violations arising out of the death of a contractor's employee when a tunnel collapsed at Dulles Airport
  • Succeeded in obtaining the dismissal of citations issued to a construction company when its tower crane collapsed, resulting in two fatalities
  • Defended an electrical contractor against citations issued to it after an accident that resulted in an explosion that seriously burned two employees
  • Settled on very favorable terms (including dismissal) several citations on behalf of a national construction contractor that were issued at various locations in Virginia
  • Successfully resolved a number of citations for non-construction clients
  • Defended citations issued to a major manufacturer following a six-month inspection of as chemical plant in Institute, West Virginia
  • Handled the first OSHA trial in over a decade in St. Thomas, U.S. Virgin Islands, and obtained a complete dismissal of electrical violations issued to the client
  • Successfully defended a construction contractor from OSHA citations following an explosion that burned employees at a chemical plant in Corpus Christi, Texas
  • In one case involving willful egregious violations with penalties in excess of $500,000, Venable achieved so successful an outcome that OSHA removed the matter from its list of "significant cases." Significantly, this result was obtained without the need for even a single deposition

Recognition
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  • Chambers USA, Healthcare, Maryland, 2016 – 2021
  • U.S. News – Best Lawyers, Best Law Firms, Healthcare Law (Tier 1), Baltimore, 2011 – 2018, 2020
  • The Best Lawyers in America, 2012 – 2021 (Venable attorneys selected for inclusion)