MGKF assists clients in understanding and meeting their regulatory compliance obligations under the federal Occupational Safety and Health Act and regulations issued by the Occupational Safety and Health Administration ("OSHA") and OSHA-approved state programs. We help clients prepare for and respond to OSHA inspections, respond to and defend OSHA citations and complaints, and represent clients at informal conferences. We also provide regulatory counseling and practical guidance on satisfying OSHA requirements in the context of varied industries and operations, including assisting in the development of OSHA-compliant written programs and procedures. In addition, we help clients to prepare for OSHA inspections, present compelling arguments at conferences with OSHA, and respond to OSHA citations. We are experienced in defending clients against agency enforcement actions and in negotiating agency settlements.
Photo ©2013 Avi Loren Fox Photography
Some representative OSHA matters handled by our firm include the following:
- Defended client in response to OSHA citations resulting from two separate fatalities, demonstrated that none of the alleged violations were "willful," and negotiated favorable settlement terms and penalties.
- Represented the Association of American Railroads and six Class I railroads in challenging OSHA's Cranes and Derricks in Construction standard.
- Assisted telecommunications company in evaluating the applicability of OSHA's asbestos construction standard and in designing an initial, representative asbestos exposure sampling protocol under that standard.
- Defended client that performs metal welding in response to an OSHA citation alleging violations of metal exposure limits, including new hexavalent chromium requirements. As part of this matter, we negotiated a settlement that included elimination of all "serious" violations and over 90 percent reduction in penalties.
- Assisted client in developing and drafting a lockout/tagout program, representative lockout/tagout procedures, and lockout/tagout training materials.
- Assisted clients in drafting written Electrical Safety Programs.
- Represented chemical manufacturer in response to OSHA enforcement action related to hazard communication, HAZWOPER, emergency action planning, guarding, and process safety management and negotiated favorable settlement of multiple citations.
- Represented university in achieving favorable settlement of an OSHA citation related to asbestos issues.
- Provided guidance and counseling to chemical manufacturing client in the development of multiple OSHA compliance programs.
- Conducted OSHA audits of several manufacturing facilities and provided legal guidance on compliance issues raised in the audit findings.
- Provided legal support and representation to manufacturers subject to OSHA auditing by third-party auditors.
- MGKF’s Kaplan Presented “OSHA vs. The FRA – Where to Draw the Line” at the ASLRRA’s Finance & Administration and General Counsel SymposiumNovember 28, 2017
- Kaplan Panelist for “Protecting the Company and Client: Agency Inspections and Criminal Prosecution”April 21, 2016A DRI Webinar
- November 3, 2015
- October 20, 2015
- June 29, 2015
- Meloy and Slensky Spoke at Pennsylvania Chamber of Business and Industry 2015 Annual Environmental ConferenceApril 9, 2015
- February 9, 2015
- John F. Gullace and Christopher D. Ball of MGKF to Present at the 2014 Railroad Environmental Conference: October 28-29October 13, 2014
- April 9, 2014
- Jill Hyman Kaplan and Michael C. Nines of Manko, Gold, Katcher & Fox, LLP, Presented "Managing Risk During EHS Auditing - The Attorney-Client Privilege" - 2011 Auditing RoundtableSeptember 7, 2011
- Suzanne Schiller, a partner at Manko, Gold, Katcher & Fox, to Speak at HB Litigation Conference: "Oil in the Gulf - Litigation and Insurance Coverage" Thursday, November 4 in Miami, FloridaSeptember 20, 2010
Seminars & Speaking Engagements
- April 21, 2016a DRI webinar
- November 5, 2015
- September 9, 2015CO-HOSTED BY MANKO, GOLD, KATCHER & FOX AND BL COMPANIES
- September 9, 2014Co-Hosted by Manko, Gold, Katcher & Fox and BL Companies
- May 13, 2014sponsored by the Air & Waste Management Association (A&WMA)
- November 4, 2010Dealing with Claims and Discovery Issues
- April 28, 2010
- June 12, 2008
- April 17, 2017
- Update on OSHA’s New Injury-Reporting Provisions Involving Incentive Programs and Drug & Alcohol TestingDecember 7, 2016
- OSHA Announces New Guidance and Delayed Enforcement for New Injury-Reporting Provisions Involving Incentive Programs and Drug & Alcohol TestingOctober 24, 2016
- August 11, 2016
- January 25, 2016
- January 25, 2016
- August 18, 2015
- December 15, 2014
- Employer's Duty to Provide Personal Protective Equipment and Train Each Employee Now Carries With It the Potential for "Per-Employee" PenaltiesJanuary 8, 2009
- May 16, 2008
- February 28, 2017The Legal Intelligencer
- July 9, 2014The Legal Intelligencer
- May 2, 2011Association of Corporate Counsel's "Green-house Counsel"
- January 4, 2011Association of Corporate Counsel's "Green-house Counsel"
- March 1, 2010Association of Corporate Counsel's "Green-house Counsel"