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Capabilities / Workplace Safety & Health

Workplace Safety & Health

Reducing risk for employers and their workers with MSHA and OSHA compliance.

Husch Blackwell understands that attention to safety compliance on the front end can avert government citations and penalties, whistleblower claims, third-party lawsuits, and workers’ compensation payments. Our law firm partners with employers to develop compliance strategies and manage successful relationships with enforcement agencies such as the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA).

When litigation is unavoidable, our MSHA and OSHA defense attorney team provides clients with the information they need to make prudent and time-sensitive decisions on contesting or settling citations and whistleblower claims. And when injuries or accidents do occur, our MSHA/OSHA attorney team mobilizes immediately to coordinate a seamless response that minimizes the liability and risks of unforeseen workplace events.

Our guidance to clients on workplace safety and health includes:

  • Compliance counseling, including OSHA and MSHA
  • Agency investigations
  • Defense of agency citations, including those involving catastrophic events and fatalities
  • Training for front-line supervisors and managers
  • Investigation and defense of whistleblower claims
  • Responses to anonymous safety complaints
  • Negotiation of site-specific safety rules
  • Defense of criminal investigations and charges
  • Responses to agency rulemaking initiatives
  • Crisis response and management

Representative Experience

  • Obtained defense verdict on behalf of The Kansas City Southern Railway Co. in a week-long jury trial in St. Louis County, Missouri wherein an employee alleged that KCSR had violated the Federal Employers’ Liability Act, Federal Safety Appliance Act, and the Locomotive Inspection Act.
  • Negotiated with OSHA on behalf of a medium-sized medical practice, successfully achieving the elimination of six citations and a penalty reduction of 80%.
  • Obtained dismissal of a whistleblower complaint filed with OSHA against a client in the cable television sector. The whistleblower accused our client of failing to provide him with certain safety equipment and of retaliating with wrongful termination.
Articles | November 09, 2022
Rock Products: Tell Me How You Really Feel
Articles | May 12, 2022
Rock Products: Telling MSHA To Get Lost
Legal Updates | November 16, 2021
Vaccine Mandates May Require Collective Bargaining

Vaccine mandates present interesting issues for the unionized employer.

Legal Updates | September 10, 2021
Legal Overview – Executive Orders on Vaccine Mandates
Articles | March 24, 2021
Law360: Labor And Employment Changes Ahead For Gov't Contractors

"While predicting the future from certain presidential appointments and executive orders can be problematic, they point to changes ahead for federal contractors in the area of labor and employment law." 

Legal Updates | December 23, 2020
COVID-19 Vaccine Planning Checklist
Articles | November 12, 2020
Rock Products: Cybercrime Risks
Video | September 15, 2020
[Video] Return-to-Work Policy Generator
Articles | September 14, 2020
Rock Products: ‘One MSHA' Is Coming Into Focus
Articles | July 31, 2020
Lexis Practice Advisor®: Business Continuity and Emergency Planning Checklist and Emergency Action Plan

Erik Dullea and Stephanie Kaiser have compiled a Business Continuity and Emergency Planning Checklist and an Emergency Action Plan (EAP) for employers, both published by Lexis Practice Advisor®.

Legal Updates | June 18, 2020
Workplace Issues and COVID-19
Articles | May 08, 2020
Lexis Practice Advisor®: Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention and Response Checklist

Avi Meyerstein, Stacey Bowman and Courtney Steelman have compiled a Pandemic Flu/Influenza/ Coronavirus (COVID-19) Prevention and Response Checklist for employers, published by Lexis Practice Advisor®.

Legal Updates | April 28, 2020
Key Labor & Employment Considerations for Developing a Return-to-Work Strategy

This article outlines a judicious return-to-work strategy, drawing upon the advice of experts in government and science who are developing tools to fight the virus.

Blog | February 04, 2020
2020 Hindsight
Blog | January 16, 2020
Time to raise OSHA and MSHA penalties!
Blog | January 02, 2020
With a little help from my friends
Articles | December 31, 2019
Cannabis Concerns? Employer Strategies for Maintaining a Safe Workplace

Employers should evaluate and revise their drug policies to comply with the law and protect the health and safety of their workplace.

Blog | December 16, 2019
Putting the ‘H' back In MSHA?
Articles | December 10, 2019
Rock Products: Get to Work
Blog | May 09, 2019
An Industry Approaching Zero
Legal Updates | April 04, 2019
Clarity at Last? FDA Announces Plans for Meeting on Cannabis-Derived Compounds

On Wednesday, April 3, 2019, the U.S. Food and Drug Administration (FDA) announced plans to hold a meeting to discuss its regulatory approach to products that contain cannabis and cannabis-derived compounds, including cannabidiol (CBD).

Articles | January-February 2019
Coal Age: MSHA's Blind Spot on Power Haulage Safety
Blog | November 07, 2018
What's on MSHA's agenda? Rulemaking.
Articles | September 2018
Rock Products: Asbestos Revisited

Megan Caldwell discusses the history of asbestos use and its potential return, due to a proposed Significant New Use Rule proposed by the U.S. Environmental Protection Agency (EPA).

Blog | September 05, 2018
How a Familiar Brand Cut Injuries by 90%
Webinar | July 28, 2020
Combustible Dust in the Workplace
Webinar | November 7, 2018
How Chemical Manufacturers Can Reduce OSHA Citations - November 7, 2018

Safety and Health Webinar Series

Webinar | 07/18/2018
Ready off the Shelf:
Prepare Your Warehouse Team to Handle OSHA
July 18, 2018

Safety & Health Webinar Series

Media Mentions | January 19, 2023
Rock Products: Brian Hendrix Saw It Coming
Media Mentions | November 24, 2021
Rock Products: Biden Nominates Williamson for MSHA Head
News Releases | June 14, 2019
Sonia Anderson Named Finalist for Colorado Bar Association Young Lawyer of the Year

The award recognizes a young Colorado lawyer for his or her outstanding contributions to the legal profession and community.

News Releases | March 29, 2019
Bob Horn Appointed to MSHRAC Membership

Horn has more than four decades of public and private sector experience.

Media Mentions | September 12, 2018
Wisconsin Law Journal Names Eisenmann and Vercauteren to 2018 ‘Up and Coming' List

Erik Eisenmann and Jeff Vercauteren represent Husch Blackwell on a list recognizing the rising stars of Wisconsin’s legal community.

Media Mentions | August 01, 2018
Bloomberg BNA: Coal Company Lawsuits Target Safety Bonus Program Standard (log-in required)

Brian Hendrix comments on a case involving the federal government and coal companies.

Media Mentions | Occupational Health & Safety Reporter
Occupational Health & Safety Reporter: Mining Company Beats Safety Citation (log-in required)

Brian Hendrix comments on the implications of a recent ruling on mine safety.