Employers have no greater responsibility than protecting employee safety and health. Failure to comply fully with the federal Occupational Safety and Health Act (OSHA) and all other relevant federal and state regulations can lead to serious injury, or even loss of life, along with devastating personal and economic costs. These regulations are often highly detailed and complex and confusing for employers to navigate and employers are responsible for following anywhere from dozens to several thousand safety and health regulations, depending on their industry and the number of states in which they do business.
Our nationally recognized Occupational Safety and Health team (OSHA team) works collaboratively with clients to provide a comprehensive, one-stop resource for advice, audits, training, compliance assistance, and litigation defense. Our OSHA attorneys and safety and health professionals have years of hands-on experience across virtually all industries, including technology, defense, food and beverage, manufacturing, aviation, transportation, maritime, and bio-pharma. We have responded to major industrial accidents across the globe and have litigated complex, precedent-setting cases. Our team provides practical advice and innovative solutions as they work with companies nationwide to help them meet the complex challenges of occupational safety and health.
In addition, OSHA issues cannot be viewed in isolation since they frequently intertwine with myriad other federal and state regulations and obligations. As a full-service firm, we have the resources to address these issues and can call upon the experience of Nixon Peabody attorneys in our labor, employment, environmental, government relations, government investigations, and white collar defense practices.
OSHA compliance
Our OSHA team provides comprehensive services to help clients identify and correct problems before accidents occur or citations are issued. This includes day to day counseling; conducting audits; and preparing, updating, and reviewing written safety programs and manuals. We train managers and supervisors so they are able to recognize and prevent workplace hazards, and we train employees on general safety and health matters and the safety hazards of their individual assignments. Implementation of such preventative measures helps our clients experience fewer accidents, fewer citations, and substantial cost savings, and a safer working environment for their employees.
Enforcement defense
From inspection to citation to appeal, our OSHA team guides our clients through every aspect of enforcement defense. We advise on the best steps to take during an inspection, and we work with clients to protect their legal rights and meet their legal obligations.
If citations are issued, our OSHA team has an excellent track record in defending our clients in all types of OSHA-related cases, including administrative proceedings, civil litigation, and criminal defense. We have successfully represented many clients contesting citations before OSHA, Cal/OSHA, and other state agencies. We also regularly work with our white collar defense attorneys when criminal charges are threatened or filed.
OSHA legislation and rulemaking
We regularly monitor and stay abreast of the latest OSHA legislative and regulatory developments and frequently appear before legislative and rulemaking bodies to represent our clients’ interests. In recent years this has included work on proposed laws or rules governing the operation of cranes and derricks, ergonomics, occupational noise, and aerosol transmissible diseases.
Variance process
When compliance with regulations is not possible, employers may be able to obtain relief through a variance process. We have extensive experience in successfully representing our clients through this process. In recent years, for example, we have helped clients obtain and maintain variances with regard to paint booths, ventilation, and personal protective equipment.
Workplace agencies impacted by the sequester
Employment Law Alert | April 30, 2013
OSHA announces new National Emphasis Program aimed at nursing and residential care facilities
OSHA Alert | April 16, 2012
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A warning to university researchers: Institution and its professor charged with felonies for fatal laboratory chemical fire
Higher Education Alert
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February 28, 2012
California holds that state overtime law applies to non-residents working in the state
Employment Law Alert
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July 14, 2011
Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert
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July 13, 2011
France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert
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July 8, 2011
Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert
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June 24, 2011
Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert
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June 23, 2011
Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert
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June 20, 2011
Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert
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June 14, 2011
Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert
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April 28, 2011
New FLSA rules address tip pooling, fluctuating workweek, and other issues
Employment Law Alert
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April 13, 2011
California lawsuits have employees standing up for their right to sit down
Employment Law Alert
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April 7, 2011
New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert
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April 4, 2011
New York Wage Theft Prevention Act effective April 9, 2011
Employment Law Alert
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March 28, 2011
Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert
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March 11, 2011
Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert
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March 1, 2011
The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert
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February 24, 2011
California court weighs in on meal period rules
Employment Law Alert
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February 24, 2011
California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
Employment Law Alert
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February 23, 2011
U.S. Supreme Court announces broader employee protection under Title VII
Employment Law Alert
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February 11, 2011
The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert
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February 7, 2011
Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert
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January 25, 2011
Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert
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January 25, 2011
California mandates paid leave for organ or bone marrow donation
Employment Law Alert
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January 18, 2011
Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
Employment Law Alert
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January 10, 2011
New California meal period exemptions in effect
Employment Law Alert
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January 7, 2011
Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements
Employment Law Alert
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December 20, 2010
New York makes several changes to Labor Law
Employment Law Alert
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December 15, 2010
California resolves limitations periods on waiting time penalties claims
Employment Law Alert
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December 9, 2010
Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert
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November 16, 2010
Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert
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November 11, 2010
Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert
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November 11, 2010
OSHA announces a radical new and enormously costly interpretation of occupational noise standards
OSHA Alert
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October 28, 2010
No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert
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October 13, 2010
It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert
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September 29, 2010
New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert
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September 3, 2010
Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert
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August 19, 2010
Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert
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August 12, 2010
Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert
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July 14, 2010
FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert
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June 24, 2010
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