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Occupational Safety and Health Administration (OSHA) Counseling & Litigation - Overview

Jones Day represents clients in complex OSHA enforcement actions covering the entire spectrum of issues that arise under the Occupational Safety and Health Act. Our attorneys are experienced, nationally recognized advisors and litigators with in-depth knowledge of ergonomics, chemical process safety, record keeping, lockout/tagout, AIDS, and "imminent danger" proceedings under the statute. We also represent clients in rulemaking proceedings and counsel them on compliance with all aspects of federal, state, and local right-to-know laws.

Our labor and employment lawyers, along with members of our Environmental, Health & Safety Practice, offer experience and representation in a broad range of matters involving employee health and safety. Jones Day provides comprehensive counseling concerning compliance with OSHA regulations. We also provide guidance for clients faced with OSHA investigations. The Labor & Employment Practice is well prepared to successfully represent clients in OSHA-related litigation. In one case, Jones Day attorneys obtained a court ruling that the U.S. Secretary of Labor, who had personally served papers at our client's manufacturing facility alleging several OSHA violations, was not entitled to an "imminent danger" preliminary injunction requiring immediate abatement of workplace conditions. In another case, we convinced an administrative law judge to dismiss most of 100 alleged willful OSHA violations and to reduce a proposed penalty from $7 million to $518,000, by demonstrating that the government's application of instance-by-instance penalty policy was arbitrary.