Overview

On December 29, 1970, the Occupational Safety and Health Act of 1970 became law. During OSHA's early years, Bond represented employers who had been cited for violations of the safety and health standards, assisted employers with accident investigations and guided them when OSHA citations posed a problem in personal injury or third party tort litigation.

As OSHA standards became more complex and technical in such areas as chemical hazards, process safety management, asbestos exposure and confined space entry, employers needed more than simply defensive representation. They needed assistance in planning and ensuring compliance with the regulations. To address the changing needs of employers, the lawyers of Bond began to provide these broader-based services.

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Audit, Compliance and Training

With greater frequency, we are called upon to assist employers before they are visited by an OSHA compliance officer or individual hygienist. From that experience, our OSHA checklist was developed. We have worked with managers and supervisors, safety and human resource personnel, on general safety programs, and specific compliance issues. This activity has been helpful to clients who have been forced to confront mounting worker compensation costs and the reality of third-party tort liability. Audit, compliance and training have proved to be valuable to clients who want to improve their safety performance and reduce the possibility of OSHA penalties.

 

Enforcement

The core of our OSHA representation has been, and will be, representation of employers in matters contested with the Occupational Safety and Health Administration and before the Occupational Safety and Health Review Commission. Frequently, that representation entails discussing with our clients alleged violations and determining which citations should be challenged and, if not, what means of abatement are feasible. In most cases, settlement terms that meet our clients' needs are negotiated with the agency. We have litigated a wide variety of cases including steel erection, compliance with the asbestos standard, vicarious liability of construction managers on multi-employer worksites, machine guarding, lockout/tagout and fall protection.