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Health + Safety

Our team works on wide-ranging health and safety issues at the federal and state level. We work side by side with our clients, enabling you to provide your employees with a safe, secure, and healthy workplace.

Each member of our team understands the urgency of your issues, especially those involve the health and safety of your employees and your company’s compliance with applicable laws and regulations. We respond promptly with actionable solutions to the matters facing your company. In the health and safety world, timely, clear, and concise decision-making makes all the difference – and that is what we strive to provide every day to our clients.

Our Services

We represent many types of employers, including manufacturing, construction, transportation, retail trade, and services. Our team has decades of experience preparing for and responding to inspections and citations from a variety of government agencies, including the Occupational Health and Safety Agency (OSHA), as well as its State counterparts. OSHA inspections and citations are time-sensitive matters that not only directly impact your employee’s health and safety, but can also be disruptive to operations. We work with you and your employees, leveraging our experience and knowledge, to resolve matters as quickly as possible.

Our guidance to clients on workplace health and safety matters includes:

  • Compliance counseling, including for OSHA and related matters;
  • Timely and responsive crisis management;
  • Government agency inspections and investigations;
  • Active defense of government agency citations, including those involving catastrophic events and fatalities;
  • Pro-active training for supervisors, managers, executives, and in-house counsel;
  • Addressing anonymous safety complaints; and
  • Investigation and active defense of whistleblower claims.

When an accident or an inspection occurs, we immediately provide you with the support you need. In these incidents, time is of the essence, and we are available remotely immediately and often can be on scene within an hour to assess the situation and advise on how to move forward. If you receive a citation, we work with you through informal conferences, settlement discussions, and formal hearings, providing either background support or serving as the face of the company.

We also assist companies with regulatory compliance before an inspection or issuance of a citation, to foster workplace safety and prevent serious disruption from an enforcement action that may affect your business. To help you and your team comply with Environmental, Health, and Safety (EH+S) requirements, we support you through proactive education and training programs for all team members—including staff and management, and C-Suite leaders. From preparing for OSHA inspections to running internal audits, our team has the experience and industry knowledge to support your health and safety needs.

Our Team

Our Health + Safety group is an interdisciplinary team of colleagues from our firm’s diverse practice groups, including: Environmental, Energy + Telecommunications; Construction; and Labor, Employment, Benefits + Immigration. Our attorneys are proficient in dispute resolution, with extensive experience dealing with health and safety regulatory and enforcement matters. We understand the impact an enforcement action can have on a facility, and your entire company. We work with you to minimize the chances that enforcement will occur and streamline the process if it does.

Whatever EH+S issues arise in your industry and workforce, our top-tier Health + Safety practice group takes a proactive and sophisticated approach to preventing incidents—while providing immediate and unwavering support when an accident or an inspection occurs.

Experience


Health + Safety: OSHA Citation

Assisted with representation of manufacturing client in responding to an Occupational Safety and Health Administration (OSHA) citation containing multiple counts, including fall protection and machine guarding. Helped secure a favorable settlement after informal conference resulting in dismissal and significant reductions in citations and penalties.

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Favorable Settlement In Response to OSHA Citation

Represented manufacturing client in responding to an OSHA citation containing multiple counts, including fall protection and machine guarding. Secured a favorable settlement after informal conference, resulting in dismissal and significant reductions in citations and penalties.

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Client Advised on Compliance with Various OSHA Standards

Advised client on compliance with various OSHA standards, including retention of health and safety consultant to review compliance with OSHA standards, and coordinated with litigation counsel in anticipation of possible litigation resulting from alleged worker exposure.

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Publications


August 31, 2023

As the Temperature Rises, Employer Obligations Rise Too

EHS Today

The article examines OSHA’s new focus on the enforcement of heat-safety violations occurring in indoor work environments, such as manufacturing and warehouse facilities. While OSHA has yet to issue a national standard for workplace heat-safety rules, just yesterday on August 30, they released a “Regulatory Framework” meant to outline potential options for the elements of a future OSHA standard. The authors suggest that after a thorough review of OSHA’s Regulatory Framework, employers could draft and implement a written heat stress prevention program or heat illness prevention plan for their worksite or facility. In addition to OSHA guidelines and standards, employers should also be aware of their obligations to address safety concerns under other existing legislation including the Americans with Disabilities Act and the National Labor Relations Act. Read the article.

April 12, 2023

Change Coming? OSHA Inspections at Non-Union Facilities

Connecticut Business and Industry Association (CBIA)

The article focuses on OSHA’s likely revival of a policy that would require employers to permit union officials to take part in agency inspections even if the union does not represent employees at the facility being inspected. OSHA had previously maintained such a policy between 2013 and 2017 before the interpretation underpinning it faced legal challenges. Employees may now designate a non-employee with proper credentials as eligible to be present. “As we await OSHA’s next move and a possible new rule on this topic,” Natale and Jon note, “it remains important to be prepared to handle and OSHA inspection, regardless of the other parties involved.” Read the article.

March 31, 2023

OSHA to Expand the Use of Instance-by-Instance Penalties

EHS Today

In the article, Megan discusses OSHA’s new policy expanding penalties for instance-by-instance (IBI) citations. Reinforcing OSHA’s stated commitment to increased enforcement in the years ahead, these new penalties have the potential to significantly increase the monetary penalty amounts associated with certain violations. Under the new policy, which went into effect on March 27, the IBI policy will now apply to high-gravity serious violations in areas including falls, respiratory protection, and permit required confined space. The new IBI policy will also apply to other-than-serious recordkeeping violations. Employers with certain types of recordkeeping violations could find themselves subject to significant penalties for failures to record or inaccuracies in the records. View the article.

August 31, 2023

As the Temperature Rises, Employer Obligations Rise Too

EHS Today

The article examines OSHA’s new focus on the enforcement of heat-safety violations occurring in indoor work environments, such as manufacturing and warehouse facilities. While OSHA has yet to issue a national standard for workplace heat-safety rules, just yesterday on August 30, they released a “Regulatory Framework” meant to outline potential options for the elements of a future OSHA standard. The authors suggest that after a thorough review of OSHA’s Regulatory Framework, employers could draft and implement a written heat stress prevention program or heat illness prevention plan for their worksite or facility. In addition to OSHA guidelines and standards, employers should also be aware of their obligations to address safety concerns under other existing legislation including the Americans with Disabilities Act and the National Labor Relations Act. Read the article.

April 12, 2023

Change Coming? OSHA Inspections at Non-Union Facilities

Connecticut Business and Industry Association (CBIA)

The article focuses on OSHA’s likely revival of a policy that would require employers to permit union officials to take part in agency inspections even if the union does not represent employees at the facility being inspected. OSHA had previously maintained such a policy between 2013 and 2017 before the interpretation underpinning it faced legal challenges. Employees may now designate a non-employee with proper credentials as eligible to be present. “As we await OSHA’s next move and a possible new rule on this topic,” Natale and Jon note, “it remains important to be prepared to handle and OSHA inspection, regardless of the other parties involved.” Read the article.

March 31, 2023

OSHA to Expand the Use of Instance-by-Instance Penalties

EHS Today

In the article, Megan discusses OSHA’s new policy expanding penalties for instance-by-instance (IBI) citations. Reinforcing OSHA’s stated commitment to increased enforcement in the years ahead, these new penalties have the potential to significantly increase the monetary penalty amounts associated with certain violations. Under the new policy, which went into effect on March 27, the IBI policy will now apply to high-gravity serious violations in areas including falls, respiratory protection, and permit required confined space. The new IBI policy will also apply to other-than-serious recordkeeping violations. Employers with certain types of recordkeeping violations could find themselves subject to significant penalties for failures to record or inaccuracies in the records. View the article.

March 30, 2023

Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 8 - Litigation and Future Predictions

The American Bar Association podcast series, Environmental Law Explored

Megan Baroni appeared on the American Bar Association podcast series, Environmental Law Explored to discuss environmental laws and regulations for emerging microplastic concerns.  Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 8 - Litigation and Future Predictions, Megan and additional podcast guest Sarah Morath, Associate Professor at Wake Forest Law, take a deep dive into future litigation trends in the microplastics realm. Listen to the podcast.

September 15, 2022

Microplastics: Liability and Public Uncertainty

The American Bar Association Litigation Section’s Environmental & Energy Litigation Committee newsletter

The article notes that “(s)cientific studies have established that all of us are exposed to microplastics in the air we breathe, the food we eat, and the water we drink. But the potential human health effects remain uncertain.” It offers an overview of the production and proliferation of plastics since the 1950s and the resultant microplastics when the original plastic products break down or are directly released in the environment; exposure to microplastics and the effects both known and unknown on human health; the impending regulation of microplastics, and with it the likelihood in the rise of litigation, including a closer look at specific cases and lawsuits; and what in the general public can do to help address this environmental threat as regulatory bodies look for “ways to stop microplastics from being released into the environment, as well as to clean up those that are already there.” Read the article. 

July 8, 2022

EPA Power Plant Ruling Could Have Broader Effects for Industry

IndustryWeek

The article focuses on the recent U.S. Supreme Court ruling in West Virginia v. Environmental Protection Agency, where the Supreme Court held that the EPA exceeded its authority under the Clean Air Act in its attempt to regulate greenhouse gas emissions from power plants. While the immediate impact of the decision is fairly limited, the Supreme Court’s rationale has the potential to impact federal agency authority across a broad range of sectors. The larger outcome of West Virginia v. EPA could be an expansion of cases that seek to invalidate agency actions based on the major questions doctrine. Read the article.

June 28, 2022

OSHA’s Multi-Employer Policy Continues to Ensnare the Construction Industry

Construction Executive’s “CE This Week” newsletter

The article focuses on OSHA’s approach to jobsites where more than one employer could be cited for the same hazardous condition that violates an OSHA standard. Read the article.

February 16, 2022

Who’s calling the shots? A look at the current status of COVID-19 vaccine mandates

ISHN (Industrial Safety & Hygiene News)

The article points out that since the COVID-19 vaccination was made available to the public in late 2020, the topic of vaccination has been widely discussed across the country, in daily news media, by governments and agencies, in the courts, in communities, and in the workplace. This led to various legal challenges, court decisions and rulings, opposition, publicity, and the implementation of various state laws prohibiting or restricting businesses’ and employers’ ability to mandate vaccination. Heading into 2022, companies have been left to face the challenge of implementing policies that are legally-compliant under the patchwork of laws, guidance and rules regarding vaccination and also practical. The authors remind employers “to ensure that they are up-to-date at the local, state, and federal level; understand changes that may be on the horizon with regard to applicable laws in their industry; and remain flexible in terms of their policies and procedures.” Read the full article here.

January 20, 2022

Microplastics Are in the News, and Manufacturers Are Seeing Lawsuits

IndustryWeek

Megan co-authored the article with colleagues Rachel Henke and Catie Boston of environmental consulting and management firm Roux. The article points out that litigation is on the rise as microplastics are being found increasingly throughout the environment. Microplastics, either manufactured directly or formed as plastics wear through use or breakdown in landfills, can enter the environment in a variety of ways. Cases being filed under federal environmental law, state consumer protection laws, as well as common law are having real impacts on industries that produce and use plastics. In addition, California is leading the way in developing microplastics regulations that may ultimately impact producers and users of plastics. Read the full article here.



March 30, 2023

Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 8 - Litigation and Future Predictions

The American Bar Association podcast series, Environmental Law Explored

Megan Baroni appeared on the American Bar Association podcast series, Environmental Law Explored to discuss environmental laws and regulations for emerging microplastic concerns.  Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 8 - Litigation and Future Predictions, Megan and additional podcast guest Sarah Morath, Associate Professor at Wake Forest Law, take a deep dive into future litigation trends in the microplastics realm. Listen to the podcast.

September 15, 2022

Microplastics: Liability and Public Uncertainty

The American Bar Association Litigation Section’s Environmental & Energy Litigation Committee newsletter

The article notes that “(s)cientific studies have established that all of us are exposed to microplastics in the air we breathe, the food we eat, and the water we drink. But the potential human health effects remain uncertain.” It offers an overview of the production and proliferation of plastics since the 1950s and the resultant microplastics when the original plastic products break down or are directly released in the environment; exposure to microplastics and the effects both known and unknown on human health; the impending regulation of microplastics, and with it the likelihood in the rise of litigation, including a closer look at specific cases and lawsuits; and what in the general public can do to help address this environmental threat as regulatory bodies look for “ways to stop microplastics from being released into the environment, as well as to clean up those that are already there.” Read the article. 

July 8, 2022

EPA Power Plant Ruling Could Have Broader Effects for Industry

IndustryWeek

The article focuses on the recent U.S. Supreme Court ruling in West Virginia v. Environmental Protection Agency, where the Supreme Court held that the EPA exceeded its authority under the Clean Air Act in its attempt to regulate greenhouse gas emissions from power plants. While the immediate impact of the decision is fairly limited, the Supreme Court’s rationale has the potential to impact federal agency authority across a broad range of sectors. The larger outcome of West Virginia v. EPA could be an expansion of cases that seek to invalidate agency actions based on the major questions doctrine. Read the article.

June 28, 2022

OSHA’s Multi-Employer Policy Continues to Ensnare the Construction Industry

Construction Executive’s “CE This Week” newsletter

The article focuses on OSHA’s approach to jobsites where more than one employer could be cited for the same hazardous condition that violates an OSHA standard. Read the article.

February 16, 2022

Who’s calling the shots? A look at the current status of COVID-19 vaccine mandates

ISHN (Industrial Safety & Hygiene News)

The article points out that since the COVID-19 vaccination was made available to the public in late 2020, the topic of vaccination has been widely discussed across the country, in daily news media, by governments and agencies, in the courts, in communities, and in the workplace. This led to various legal challenges, court decisions and rulings, opposition, publicity, and the implementation of various state laws prohibiting or restricting businesses’ and employers’ ability to mandate vaccination. Heading into 2022, companies have been left to face the challenge of implementing policies that are legally-compliant under the patchwork of laws, guidance and rules regarding vaccination and also practical. The authors remind employers “to ensure that they are up-to-date at the local, state, and federal level; understand changes that may be on the horizon with regard to applicable laws in their industry; and remain flexible in terms of their policies and procedures.” Read the full article here.

January 20, 2022

Microplastics Are in the News, and Manufacturers Are Seeing Lawsuits

IndustryWeek

Megan co-authored the article with colleagues Rachel Henke and Catie Boston of environmental consulting and management firm Roux. The article points out that litigation is on the rise as microplastics are being found increasingly throughout the environment. Microplastics, either manufactured directly or formed as plastics wear through use or breakdown in landfills, can enter the environment in a variety of ways. Cases being filed under federal environmental law, state consumer protection laws, as well as common law are having real impacts on industries that produce and use plastics. In addition, California is leading the way in developing microplastics regulations that may ultimately impact producers and users of plastics. Read the full article here.


Events


Past

Leading Through Change: Navigating Today’s Business Risks

Jul 22 2025
National Association for Environmental Management Webinar
Past

OSHA vs. Insurance: Who’s the Biggest Threat to Your Bottom Line?

Oct 30 2024
USI Insurance Services Panel Discussion
Past

Leading Through Change: Navigating Today’s Business Risks

Jul 22 2025
National Association for Environmental Management Webinar
Past

OSHA vs. Insurance: Who’s the Biggest Threat to Your Bottom Line?

Oct 30 2024
USI Insurance Services Panel Discussion
Past

Lawyers, Guns & Money: Risk Management from the Field

Apr 30 2024
Associated General Contractors of Massachusetts (AGC MA)
Past

OSHA Citations: Preparation, Documentation, and Representation

Apr 25 2024
Associated Subcontractors of Massachusetts Inc.
Past

OSHA Updates 2021

Oct 22 2021
R+C-Hosted Event
Past

Environmental Justice Update: 2021

Oct 21 2021
R+C-Hosted Event
Past

Lawyers, Guns & Money: Risk Management from the Field

Apr 30 2024
Associated General Contractors of Massachusetts (AGC MA)
Past

OSHA Citations: Preparation, Documentation, and Representation

Apr 25 2024
Associated Subcontractors of Massachusetts Inc.
Past

OSHA Updates 2021

Oct 22 2021
R+C-Hosted Event
Past

Environmental Justice Update: 2021

Oct 21 2021
R+C-Hosted Event

Environmental Law +


The Release Report #10: The RBCRs Are Here!

This is the tenth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.  At long last, the RBCRs are here! With a March 1, 2026, effective date, the RBCRs are now live. In this post, we will provide a brief refresher on what that... Continue Reading

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Federal Courts Unswayed by Administration Stop Work Orders

Echoing recent rulings from the District Court for the District of Columbia, on January 16, 2026, the District Court for the Eastern District of Virginia granted Dominion Energy’s request for a preliminary injunction, lifting the Trump administration’s suspension of the Coastal Virginia Offshore Wind project. Earlier that same week, two other judges in same district... Continue Reading

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Offshore Developers Wind Up Challenges To Latest Stop Work Orders

In response to the Trump administration’s latest suspension of offshore wind development, three of the five affected developers have filed lawsuits in federal court seeking to overturn the stop work orders: Dominion Energy on behalf of its Coastal Virginia Offshore Wind project; Ørsted on behalf of its Revolution Wind project; and Equinor on behalf of... Continue Reading

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The Release Report #9: Closure Documentation and DEEP Review

This is the ninth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.  The final task in the remediation process is documenting that remediation is complete, and no further action is required. This post discusses the documentation requirements under the RBCRs, and how... Continue Reading

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Just When You Thought It Was Safe To Go Back Into The Water – Trump Administration Halts Offshore Wind Projects

On December 22, citing security concerns, the U.S. Department of the Interior (DOI) announced that it was pausing leases for all offshore wind projects currently under construction. The stop-work order blocks further construction of Vineyard Wind 1, Revolution Wind, Coastal Virginia Offshore Wind, Sunrise Wind, and Empire Wind 1. All five projects had obtained leases... Continue Reading

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The Release Report #8: Remediation Standards and Regulations

This is the eighth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.  As remediation projects are planned and performed, the big question is: “How clean is clean enough?” This post discusses remediation standards under the RBCRs, and how those standards will... Continue Reading

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EPA Issues “Compliance First” Memo: Key Takeaways for Regulated Entities

On December 5, 2025, Craig J. Pritzlaff, Acting Assistant Administrator of the EPA’s Office of Enforcement and Compliance Assurance (OECA), issued an internal memorandum instituting a “Compliance First” approach, immediately effective for all civil enforcement and compliance activities. This memo claims to introduce a policy shift: prioritizing timely and effective compliance over punitive enforcement and... Continue Reading

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Court Knocks the Wind out of Trump Administration’s Offshore Ban

On December 8, 2025, a Massachusetts federal court ruled that the Trump administration’s ban on permit application review for offshore and onshore wind projects was illegal.  While the ruling will not necessarily result in the issuance of new permits, it lifts the moratorium on review and processing of applications. In May 2025, a coalition of 17... Continue Reading

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The Release Report #7: Oversight Tiers

This is the seventh in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.  Under the Transfer Act, the majority of site remediation efforts are led by licensed environmental professionals (LEPs).  For a minority of sites with especially serious contamination, remediation efforts are... Continue Reading

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Connecticut DEEP Reissues Stormwater and Pretreatment General Permits

The Connecticut Department of Energy and Environmental Protection (DEEP) has been busy reissuing its suite of general permits (GPs) for wastewater and stormwater discharges. In October, DEEP reissued the Commercial Stormwater General Permit, Industrial Stormwater General Permit, and Pretreatment General Permits for Significant Industrial Users and Non-Significant Industrial Users. Below are highlights of significant changes... Continue Reading

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