Robinson+Cole’s Environmental, Energy + Telecommunications Group works on wide-ranging health and safety issues on the federal and state level. Our team works side by side with our clients, enabling them to provide their employees with a safe, secure, and healthy workplace.
When an accident or an inspection occurs, we immediately provide our clients with the support they need. In these situations, time is of the essence, and we are often on scene within an hour of an incident to assess the situation and advise on how to move forward. When clients receive a citation, we work with them 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 a client’s business.
We have developed an interdisciplinary team of environmental, health, and safety; construction; employment; and dispute resolution lawyers, all with experience dealing with health and safety regulatory and enforcement matters. The members of our team understand the impact an enforcement action can have on a facility and an entire company. We work together with our clients to minimize the chances that enforcement will occur and streamline the process if it does.
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.
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.
Advised health care client on possible exposure to lead and cadmium, including retention of experts, review of sampling data, advice on compliance with OSHA lead and cadmium standards, and review of best practices to ensure compliance with applicable law.
Advised client on preparation for and response to Process Safety Management inspection conducted at an Arkansas facility as part of the National Emphasis Program under OSHA. Advice included review of documents to be produced.
Provided on-site response within one hour of explosion in Connecticut that resulted in the death of three employees and damage throughout the town. Handled all on-site investigations and dealt directly with OSHA investigators. Worked with privately retained expert to determine the cause of the explosion. Negotiated the citation at local level and regional office, minimizing the number and severity of the sanctions, and settled the case.
Represented Connecticut client in matter where an employee died as a result of carbon monoxide poisoning after a severe storm cut off power and allowed carbon monoxide to accumulate throughout the building. Negotiations with OSHA resulted in no citation issued against the client. State's attorney indicted company for negligent homicide. OSHA resisted involvement in local criminal matter, but Robinson+Cole obtained an order compelling its attendance. The result was a not guilty verdict.
Representation of a company where a failure of compressed gas tank at its Connecticut facility resulted in significant injuries to several employees. Robinson+Cole was on site within hours and dealt with local OSHA personnel; state police; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the FBI. No citation was issued.
Represented an explosives manufacturing company in various administrative actions brought by OSHA at the local and regional levels.
Represented manufacturing client in responding to an OSHA citation containing multiple counts, including protective equipment and hazard assessment and communication programs. Secured a favorable settlement after informal conference resulting in dismissal and significant reductions in citations and penalties.
Counseled plastics manufacturer in connection with informal self-audit of its facility’s OSHA compliance.
Counseled international manufacturer in connection with OSHA citation and internal audit following an employee fatality at a customer’s worksite. Secured reductions in citations and penalty amount through negotiations and informal conference.
Counseled Fortune 100 company in connection with OSHA compliance related to COVID-19 policies, investigations, and complaints
Representing multi-site educational provider in responding to OSHA information request resulting from employee complaints regarding COVID-19 policies.
Representing multinational jet engine manufacturer in connection with an OSHA citation for recordkeeping violation, following an investigation involving alleged heat-related illness, resulting in the withdrawal of citation.
Counseled international manufacturer in connection with OSHA multi-part citation, including several serious and willful violations, resulting in the reduction of certain citations and the penalty. Assisted client with multi-part abatement certification process over several months.
Counseled multinational jet engine manufacturer in connection with OSHA review and analysis of potential liability at multiple sites.
Representing manufacturer in connection with workplace fire that resulted in significant injuries to employee. Counseling client regarding OSHA information gathering and response, employer liability, and evaluation of processes and workplace safety measures.
Counseled large metal plating manufacturer in connection with an unannounced OSHA inspection tied to two National Emphasis Programs.
Counseled multinational jet engine manufacturer in connection with state-issued OSHA multi-part citation, including serious violations, following an incident involving injuries, resulting in reclassification of serious violations.
Represented multinational jet engine manufacturer in connection with an OSHA citation for combustible dust, including serious violations, resulting in reclassification of all serious violations to other-than-serious.
Represented furniture reupholstery and refinishing business in response to an OSHA multi-part citation, including serious violation, resulting in a reduction of the serious violations and the overall penalty amount.
Represented farming operation in responding to OSHA citation alleging fall protection violations. Secured a favorable settlement after informal conference resulting in a reduction of citations and penalty amount.
Counseled plastics manufacturer in connection with an OSHA Rapid Response Investigation following an incident involving serious injuries from an explosion, resulting in no citation being issued.