OSHA

Overview

Arent Fox offers employers practical approaches to safety and health issues in the workplace and works closely with the firm’s other practice groups, including toxic tort and construction litigation, white-collar criminal defense, environmental, tax, government relations, health care and labor and employment, to provide comprehensive, solution-oriented legal services. We represent employers and trade associations in a wide range of industries, including chemical and petrochemical, refining, electric utility, manufacturing, construction and food services. We appear before federal and state courts and agencies on Occupational Safety and Health Administration (OSHA) enforcement matters and related toxic tort and criminal litigation. We also represent major associations in OSHA rulemaking proceedings and in legislative and policy matters before Congress and other federal agencies.

Litigation

When OSHA citations are issued, we help evaluate whether it’s better to settle or litigate. Arent Fox’s experience before the Occupational Safety and Health Review Commission and comparable state agencies often involves allegations of willful and repeated violations and proposed multimillion-dollar penalties in significant industrial accidents. Working with criminal defense counsel, we also represent clients in OSHA and Department of Justice investigations and indictments.

Compliance Counseling

Arent Fox counsels clients in a variety of industries on how to comply with their obligations under federal and state OSHA regulations. We conduct attorney-client privileged internal audits in response to complaints and work with company personnel and technical experts in conducting privileged investigations following major catastrophes or employee fatalities.

Rulemaking

Arent Fox represents employers and major industry associations in rulemaking proceedings on OSHA standards, including lockout/tagout, construction and electrical safety, chemical process safety management, ergonomics, electric power generation, transmission and distribution, respiratory protection and air contaminants, including hexavalent chromium, lead, cadmium and arsenic.

Catastrophe Management

Arent Fox manages multi-agency inspections and plans for litigation that often follows catastrophic incidents. We have managed more than 20 such incidents and have developed comprehensive corporate and plant-level strategies to control liabilities. Strategies include identifying significant non-legal issues and coordinating with experts in appropriate disciplines.