Workplace Safety and Health

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OSHA Publishes Proposed Heat Standard [Alert]

John Ho discusses OHSA's new proposed national heat illness and injury standards.

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Maintaining a safe and healthy workplace requires broad knowledge and experience in the wide range of laws that affect the workplace. Cozen O’Connor’s Workplace Safety and Health practice consists of experienced attorneys in multiple offices across the country who are well versed in the regulatory, compliance, and enforcement issues that employers face when it comes to keeping employees safe. Our team boasts attorneys with an insider’s perspective, including a former chairman of the Occupational Safety and Health Review Commission and a former OSHA prosecutor with the U.S. Department of Labor’s Office of the Solicitor, giving us a unique understanding of how the government evaluates and prosecutes safety and health matters. We also have established relationships with Occupational Safety and Health Administration investigators and Area Directors responsible for workplace investigations. Further, we have established relationships with trusted safety and health experts across the country in numerous industries who are often critical in the defense of OSHA or OSHA State Plan matters. This background and experience can be critical to reaching a satisfactory resolution and avoiding costly fines and litigation.

While compliance with OSHA and OSHA State plans is an essential element of workplace safety and health, our lawyers regularly advise, draft policies and procedures, and litigate a myriad of other applicable laws. In terms of maintaining a safe workplace, this includes, for example, compliance with the Drug-Free Workplace Act; compliance with state laws governing the use of marijuana; drug and alcohol testing programs; determining when a person with a criminal background can be excluded from employment and under what circumstances; and helping to prevent and respond to violence in the workplace. In terms of maintaining a healthy workplace, this includes compliance with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and similar state laws, and dealing with the interplay of laws and policies regarding employee health including the ADA/FMLA, worker’s compensation, and short- and long-term disability policies.

Our attorneys have extensive litigation experience as well as unwavering focus on meeting clients’ practical objectives. And as part of a full-service, Am Law 100 firm, our Workplace Safety and Health lawyers can seamlessly partner with attorneys in a range of practice areas — such as real estate, construction law, environmental law, and torts — to curate a single team to handle every aspect of a complicated safety and health matter.

We are a one-stop shop for the full spectrum of employers’ needs relating to workplace safety and health issues. We have experience with a wide range of safety and health standards, including personal protective equipment, shoring, respiratory protection, fall protection, hazardous communication, lockout – tagout, machine guarding, electrical wiring, rail operations, toxic substances, and recordkeeping. Our in-depth experience cuts across many industries, including but not limited to construction, manufacturing, agriculture, retail, health care, warehouse, pharmaceutical, and transportation. 

Our service offerings include the following:

  • Helping employers navigate an OSHA (or State Plan) inspections and informal conferences.
  • Assisting employers with full-scale internal safety and health audits or discrete safety and health audits focusing on specific issues in conjunction with safety and health experts.
  • Drafting workplace safety and health policies and procedures.
  • Drafting policies and procedures regarding the use of, and testing for, drugs and alcohol in the workplace.
  • Overseeing root-cause investigations of workplace accidents.
  • Analyzing claims that could be impacted by the ADA, FMLA, STD/LTD, worker’s compensation, and employer leave policies.
  • Contesting and litigating OSHA citations before the Occupational Safety and Health Review Commission, including those related to fatalities and amputations and willful and/or repeat classifications.
  • Negotiating settlements, including the withdrawal and/or reclassification of repeat classifications, significant reductions of OSHA monetary penalties, and revisions to OSHA citations and/or settlement language to limit any potential liability on collateral issues such as wrongful death or negligence lawsuits.
  • Defending against claims of retaliation brought under the more than 20 anti-retaliation statutes that OSHA enforces.
  • Defending against claims and lawsuits brought under the ADA, FMLA, ERISA, and similar state laws.
  • Assisting employers with responding to hazard alert letters/rapid response investigations to help ensure OSHA does not conduct a full scale inspection after receiving a complaint.

Additionally, we bring to the table the unique advantage of being able to seamlessly partner with professionals from The Healy+ Group, which is one of Cozen O’Connor’s ancillary business units. The Healy+ Group specializes in organizational assessments, after-action reviews and special investigations, and expert consulting for civil litigation, among other services. The group serves a broad client base and often handles assessments that have a physical security and/or emergency management component.

We are thought leaders in the field who are frequently quoted in various publications on safety and health matters and are frequent panelists on safety and health webinars and panels. Additionally, our attorneys serve as editors for Occupational Safety and Health Law, Fourth Edition, published by the ABA and Bloomberg Law. We also publish a blog dedicated to workplace safety and health, OSHA Chronicle (www.oshacronicle.com), which examines OSHA’s newest rules and the legal challenges they present.  Our attorneys are also regular speakers at national safety and health conferences such as the AGC Construction Safety and Health Conference and EHS Today’s Safety Leadership Conference.

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Experience

Publications

New York Enhances Protections for Retail and Warehouse Workers [OSHA Chronicle Blog]

March 10, 2025

As the new Administration has emphasized that federal deregulation is a priority, it is expected that many states will step into the anticipated void left by federal labor agencies such as OSHA. Not surprisingly, New York is one of those states. Last year New York enacted the Retail Worker Safety...

OSHRC ALJ Vacates Workplace Violence General Duty Citation [OSHA Chronicle Blog]

February 04, 2025

By Order dated December 26, 2024, ALJ Brian Duncan vacated a general duty clause violation against a security company that provided security services to a mall. In the tragic shooting, a customer shot and killed two people including a mall security guard employed by the company. In...

OSHA Kicks Off New Year With Final PPE Rule In Construction [OSHA Chronicle Blog]

January 03, 2025

Happy New Year!After approximately a decade discussing a properly fitting PPE Rule in the construction industry, OSHA’s Final Rule becomes effective January 13, 2025. The Final Rule explicitly requires that PPE is selected to ensure that it “property fits” affected employees. OSHA stated in the...

OSHA’s Safety and Health Tips for the Holiday Season [OSHA Chronicle Blog]

December 11, 2024

OSHA’s website recently added advice to employers, particularly in retail and warehousing, to help keep their employees safe this holiday season and linked a video on the Department of Labor’s YouTube page containing nine holiday season safety tips. The tips include: (1) training workers on safety...

OSHA Publishes the Top Ten Violations of 2024 [OSHA Chronicle Blog]

October 08, 2024

Following historical precedent, OSHA’s top ten cited violations for 2024 surprise no one. They all appeared on last year’s list, although their relative positions changed a bit. Fall protection (general requirements) remains the most cited citation and has held the spot for the fourteenth...

California and New York Pass Workplace Violence Laws: Is Federal OSHA Next? [OSHA Chronicle Blog]

September 13, 2024

When California’s workplace violence prevention law took effect on July 1, 2024, it joined a handful of other states, including Connecticut, Illinois, Maryland, Minnesota, New Jersey, Oregon, and Washington, that have some type of similar law. On September 4, 2024, Governor Hochul signed into law...

OSHA’s New Severe Injury Report Dashboard: More Public Shaming or a Tool to Help Prevent Injuries/Illnesses? [OSHA Chronicle Blog]

September 05, 2024

OSHA requires employers to report a fatality or severe injury (“SIR”). Generally, a fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. Information about the SIR requirement can be found here...

OSHA Opines When Motor Vehicle Injuries Are Work-Related [OSHA Chronicle Blog]

July 30, 2024

In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that injuries that occur when an employee is on travel status are work-related, if,...

OSHA Publishes Proposed Heat Standard [Alert]

July 08, 2024

John Ho discusses OHSA's new proposed national heat illness and injury standards.

[+] [View All Publications]

Events & Seminars

Past Events

State of Play: Federal OSHA Update

March 21, 2025 - Webinar

Developments in White-Collar Exemption Law

February 20, 2025 - Cancún, Mexico

Health Care & Life Sciences 2025

December 05, 2024 - Philadelphia, PA
[+] [View All Events]

In The News

OSHA Issues Final Rule Requiring Proper Fit for Construction Industry PPE

January 08, 2025

John Ho was quoted in a SHRM article discussing the recent revisions to OSHA's personal protective equipment (PPE) standard for construction workers, effective January 13.

More Questions Than Answers for OSHA with Second Trump Term

November 13, 2024

John Ho was quoted in a Business Insurance article discussing the anticipated changes to OSHA enforcement and regulations under the incoming Trump administration, including shifts in safety standards, enforcement practices, and agency leadership.

Proposed OSHA Rule Focuses on Heat Triggers, Acclimatization Protocols

July 03, 2024

John Ho was quoted in a SHRM article discussing the Occupational Safety and Health Administration’s (OSHA) proposed rule addressing heat-related illnesses.

OSHA’s Revised Hazard Communication Standard Tackles Unresolved Issues

May 28, 2024

John Ho was quoted in the Madras Tribune discussing the Occupational Safety and Health Administration’s (OSHA) revised Hazard Communication Standard.

Plan What to Do When an OSHA Inspector Arrives

May 16, 2024

John Ho was quoted in a SHRM article discussing the new OSHA "walkaround rule” that will be enforced starting on May 31.

Safety Inspection Rule Change Raises Concerns

May 01, 2024

John Ho was quoted in a Business Insurance article discussing the Occupational Safety and Health Administration's recently finalized walkaround rule, allowing workers to designate non-employee representatives during safety inspections.

7 Tips for California Employers’ Violence Prevention Plans

March 04, 2024

John Carrigan, Jr., Elena Hillman, and Daniel Pascale were quoted in an HR Dive article discussing tips on how California employers can implement workplace violence prevention plans by July 1.

OSHA Moves Closer to Letting Union Members Onsite During Inspections

February 14, 2024

John Ho was quoted in a SHRM article discussing OSHA’s proposed walkaround rule that allows union members on employer premises during an agency inspection

EHS On Tap E191: OSHA’s New Injury Reporting Rule

January 30, 2024

John Ho was a guest on the EHS On Tap podcast titled “EHS On Tap E191: OSHA’s New Injury Reporting Rule.”

[+] [View All News]

Contacts

John S. Ho

Co-Chair, OSHA-Workplace Safety Practice

jho@cozen.com

(212) 883-4927

James J. Sullivan, Jr.

Co-Chair, OSHA-Workplace Safety Practice

jjsullivan@cozen.com

(202) 912-4841

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