OSHA

Paul Hastings has extensive experience in federal and state Occupational Safety and Health Law (OSHA). Our OSHA attorneys have hands-on knowledge of workplace OSHA issues in a variety of industries, and represent employers in compliance, enforcement, standard-setting and litigation matters.

San Francisco Partner Peter H. Weiner leads our OSHA Practice. Mr. Weiner helped pioneer the OSHA Hazard Communication standard, taught federal OSHA law for seven years, and has represented employers in various states and at the federal level in all aspects of OSHA law. Other OSHA Practice attorneys previously represented employers as members of engineering/scientific consulting firms.

We regularly advise a broad range of clients on compliance issues, self-audits and OSHA inspections. We also represent clients involved in civil and criminal OSHA investigations, contested cases, appellate litigation and negotiations. Usually, we are specially involved in matters involving serious injury or death of employees on the job. In addition, we have a successful record of litigating before the OSHA Review Commission, the Federal Court of Appeals and state OSHA agencies and courts, as well as providing regulatory guidance, legislative representation, and modifications of OSHA Standards.

Some examples demonstrating the depth and breadth of our experience include:

• Compliance and due diligence. We recently advised a major automobile manufacturer on safety and health compliance issues at one of their major facilities. We work closely with human resources or EHS staff to determine the applicability of OSHA standards, compliance choices, and action plans. Recordkeeping is a practice focus.
• Jurisdictional issues. We successfully represented a major airline contesting OSHA jurisdiction over personnel for purposes of medical and exposure recordkeeping. We advised a Fortune 50 company regarding OSHA jurisdictional issues for employees traveling internationally and have represented companies challenging OSHA jurisdiction on a variety of other grounds.
• Fatalities and serious injuries. We represented a chemical company in Missouri in disproving any relationship of chemical exposures to an onsite employee heart attack. We represented a global mineral exploration company with respect to alleged OSHA and MSHA violations following the suffocation of a California employee. Similarly, we represented another company with respect to alleged OSHA violations following the death of an employee while maintaining a large crane. We represented two major news/entertainment companies with respect to electrocutions during filming (contact with power lines). 
• Enforcement actions – defense and settlement. We have represented companies in large and small enforcement actions, with millions to thousands of dollars at stake. We have succeeded in eliminating violations, reducing severity and settling for pennies on the dollar. We also litigate OSHA issues before administrative and judicial tribunals.
• Innovative solutions. In one recent case, we postponed any enforcement action while we sought legislation to change the applicable OSHA requirement to one our client can meet. In another, we proposed postponement of administrative litigation pending a study that our client will conduct, with OSHA’s approval, to prove that the standard is inapplicable.
• Standards interpretation and modification. We have participated in writing and amending standards where necessary. Often, we have been able to avoid this lengthy process by obtaining favorable interpretations of existing standards.
• California Proposition 65. We participated in changing California’s hazard communication standard to incorporate Proposition 65 requirements such that Proposition 65 itself was preempted for workplace purposes so long as one complies with haz.com.