Workplace Safety & Health (OSHA)
This practice group of Seltzer, Chadwick, Seltzer & Ladik, PLLC is highly knowledgeable as to the following occupational safety & health laws:
Occupational Safety & Health Act ("OSH Act").
Texas Worker's Compensation Act ("TWCA").
Texas Common Law Duty to Provide Safe Workplace
Compliance & Risk Management
The firm provides legal counsel to employers nationally as to the requirements of the OSH Act, including (1) record-keeping, (2) fatality-catastrophe reporting, (3) whistle-blower protection, (4) the general duty clause, and (5) specific standards promulgated by the Occupational Safety & Health Administration ("OSHA"). Such legal counsel encompasses workplace violence, hazard communication, safety & health training, personal protective equipment, lockout/tagout, fall protection, scaffolding, powered industrial trucks, etc.
The firm also provides legal representation to employers nationally (1) during OSHA inspections; (2) during OSHA whistle-blower investigations; (3) in challenging OSHA warrants; (4) during informal settlement meetings following the issuance of OSHA citations, (5) in contesting OSHA citations before the Occupational Safety & Health Review Commission (“OSHRC”), and (6) in appealing OSHRC decisions. For Texas employers which are non-subscribers under the TWCA, the firm also provides legal representation as to the mitigation, resolution and/or defense of injury claims by employees.
For Texas employers which are non-subscribers under the TWCA, the firm provides (1) legal counsel regarding risk management
alternatives to worker's compensation insurance, and (2) legal representation as to the mitigation, resolution and/or defense of injury claims by employees.
The 28 years of experience of the firm's attorneys in occupational safety & health counseling and representation includes various construction, health care and manufacturing industries. The firm attorneys have provided legal representation as to multiple citations arising from employee fatalities, including one citation which was referred to the U.S. Justice Department for criminal investigation.
As an educational resource for employers, the firm maintains and regularly posts to a blog entitled "How to Survive an OSHA Inspection!