Protecting the health and safety of employees is a challenge, but a worthy one. Regulations issued and enforced by the Occupational Health and Safety Administration, otherwise known as OSHA, are numerous and complex.
Sometimes they do not cover particular situations. Yet, employers are required to comply with OSHA’s general duty clause, which says employers “shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” That is a sweeping mandate that can make the employer’s job especially difficult.
Murphy, Taylor, Siemens & Elliott’s OSHA attorneys can help. We provide safety and health law services for employers. Those services consist of proactive counseling on OSHA regulation compliance and representing employers in OSHA citation actions arising out of alleged OSHA violations.
We provide advice and representation to employers in matters involving the following issues:
- Accident investigations
- “Willful” or “Repeated” citations
- Citations issued under OSHA’s multiemployer enforcement policy
- Egregious and substantial enforcement cases
- Employee/union complaints
- Alleged violations of the general duty clause
- OSHA inspections
- OSHA regulation compliance
- Workplace safety and health audits, injury, and illness recordkeeping audits, and safety and health training
- Development of safety and health programs and procedures
- Settlement negotiations of OSHA citations and enforcement actions
There are a few things that set us apart from the large law firms who advise and represent employers in OSHA matters. First, we believe in the concept of safety by design and that a proactive approach to safety not only prevents injuries and death but saves employers money as well. Safety by design is taking a proactive approach to ensure employee safety by looking at the systems involved in the employee’s work. Safety does not happen in a vacuum.
Safety occurs when the interaction between the person, the machine, and the environment is thoroughly evaluated and the things that can go wrong are predicted and guarded against. Human error and the injuries that result therefrom is a fact of life employers must account for in planning their systems, establishing procedures, setting up and maintaining machines and arranging the work environment. Human error is often encouraged by things such as bad designs of equipment and machinery, hard to meet production expectations, ergonomic factors and simple things such as temperature. Those are all things that can be changed and made better. When they are, the risk of human error goes down dramatically.
One of the things we do in helping employers achieve safety by design is to look at the processes and machinery involved in specific work in comparison to OSHA’s accident and injury reports, fatality reports, and injury data to see where common causes of human error exist. So much can be learned from what has happened in the past.
Second, we are far more cost-effective than the larger law firms. We often represent and advise employers on a flat fee arrangement. We are efficient and get the job done quickly.
Call Murphy, Taylor, Siemens & Elliott P.C. Today
If you are an employer in need of OSHA guidance or representation, contact Ben Creedy at Murphy, Taylor, Siemens & Elliott for a consultation about how we may be able to help you.