Thelen LLP has substantial experience in all aspects of occupational safety and health regulation. We have handled cases before federal OSHA and state OSHA agencies, such as CAL-OSHA, as well as other agencies that regulate safety and health in specialized industries.
Our attorneys represent clients in a broad range of industries, including energy and electric utilities, construction, chemical, petrochemical, refining, manufacturing, retail, transportation, and healthcare.
Thelen's attorneys utilize a practical approach to safety and health matters. We recognize that clients strive to protect their employees' safety and health while adding value to their business operations. Our attorneys focus on what is best for the client's interests. Where appropriate, we involve attorneys from the firm's other practices, including construction, insurance, government contracts, environmental, labor and employment, and white-collar criminal defense.
OSHA Investigations, Citations, and Litigation
When an OSHA Compliance Officer appears unannounced at the workplace, clients immediately need accessible, experienced, and practical advice. Our attorneys understand this and work together to assure that advice is provided when needed, whether by phone, fax, and email or, if necessary, onsite at the workplace. Thelen has particular experience in helping clients manage the immediate aftermath of any serious industrial accident, including dealing with OSHA, other regulators, district attorneys, and the numerous representatives of other interests that descend on a workplace in such instances. Examples of difficult situations we have handled include the unexpected explosion at a foundry, employee deaths at construction sites, and contacts with high-voltage electric lines and equipment; and falls during construction work.
Thelen understands the types of information OSHA investigators are seeking, and works to promote prompt completion of the process while protecting the employer's interests. This includes representing managers and supervisors during interviews, and managing the production of document and other evidence. Such representation is important where serious accidents occur because major OSHA citations often create other adverse legal and business consequences.
When citations are issued, Thelen assists in evaluating whether to settle or litigate. We have helped craft creative settlements, and have also vigorously litigated citations raising highly complex issues requiring expert testimony and allegations of willful violations. Our attorneys understand that often it is not the OSHA penalty that is of paramount importance, but rather the effect of a citation on a client's ability to operate its business, or on other legal exposures such as insurance coverage and damage claims.
Finally, in recent years, where employee fatalities or serious injuries occur, federal and state regulators consult routinely with federal or state criminal prosecutors to evaluate whether criminal investigations should be conducted. Our attorneys are highly experienced in dealing with these situations. We understand the implications of this outcome, which governs how the civil OSHA investigation should be managed; and we have experience in handling the criminal aspects of any case as well.
Compliance Advice and Internal Investigations
Thelen attorneys work with technical, engineering, and industrial hygiene experts in appropriate disciplines to evaluate a workplace, an employer's safety and health programs, and advise as to compliance. Where appropriate, we assist in structuring internal investigations that are protected under principles of privilege. Additionally, we advise on the interpretation of OSHA standards and regulations.
Catastrophic Accident Planning and Training
Among the lessons learned from dealing with serious accidents is that one of the most valuable services we offer is to assist clients in developing contingency plans for addressing catastrophic accidents before they occur. In this area, we provide training for supervisors and management personnel on issues such as how to deal with an OSHA investigation or the key role of supervisors in enforcing safety and health rules.
"Whistleblower" and Retaliation Complaints
Our attorneys assist in evaluating and responding to safety-related retaliation complaints. Also important to note, under Sarbanes-Oxley, federal OSHA is designated as the agency that investigates and initially adjudicates "whistleblower" complaints of any nature, not just safety and health. Our familiarity with OSHA benefits clients in addressing such complaints.
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