Christian & Small is pleased to announce the expansion of our OSHA 24-Hour Response Team to advise businesses before, during, and after OSHA knocks on the door.
BEFORE AN OSHA INCIDENT
Our team works with businesses to develop the safety programs and training required by OSHA by providing real-time counseling regarding OSHA obligations and compliance and by providing advice on reporting, and record-keeping requirements. Importantly, we stay abreast of new regulations, interpretations, guidance, and emphasis.
We prepare for managing an OSHA inspection before OSHA knows on the door. We assist businesses in assigning managers and supervisors the role and duties they will perform during an inspection – the manager of the overall process, the employees who will investigate the accident before OSHA arrived, the employees and representatives who will participate in the opening conference, the employee who will mirror the OSHA inspector and conduct the simultaneous side-by-side inspections, the employee who will work with legal counsel to prepare management and non-management employees for interviews, and the employees and representatives who will participate in the closing conference.
DURING AN OSHA INCIDENT
We recognize that an OSHA investigation can be a long, exhausting process, and we are there with the client for the duration. We assist in the client’s inspection and investigation before OSHA arrives, participate in the opening conference, and, if allowed by OSHA, accompany the OSHA investigator while on-site, and meet with management to discuss the inspection findings before employee interviews begin.
For interviews, whether on the day of the accident or subsequent to the accident, prepare management employees for interviews and represent them in the interviews. For non-management employees, prepare the employee and union representative for the interview, educate them about their rights during an OSHA interview and investigation and conduct a post-interview debriefing.
During the post-inspection process, we manage communications with OSHA and document collection, review, and production of documents to OSHA to conclude the investigation process and participate in the closing conference.
AFTER
If OSHA issues Citations, the response team evaluates the merits and contests the Citations. If OSHA will not withdraw a Citation, we negotiate the proposed penalties. If necessary we litigate the Citation through trial.
If a Citation involves a lack of required plans, training, or record-keeping, we work with management to cure these deficiencies.
OSHA RESPONSE TEAM
David B. Walston, Partner – David has practiced exclusively in the Labor & Employment arena for 35 years. His broad range of experience includes advising and representing clients in all phases of the OSHA process, including participating in OSHA inspections and investigations and negotiating citation withdrawals and penalty reductions. His experience further extends to advising and representing unionized employers regarding rights and obligations under the National Labor Relations Act in conjunction with other federal employment laws.
- 30 -hour OSHA Outreach Training: General Industry
- Recognized by Chambers USA in the field of Labor & Employment
Greer B. Mallette, Managing Partner – Greer focuses his practice on construction and real estate, where he has handled numerous matters involving stormwater runoff, environmental nuisance, trespass, as well as construction defects. Greer served as the Safety and Environmental Director for a large waste disposal company prior to his legal career, having graduated with a Bachelor of Science in Natural Resources.
- 10-hour OSHA Outreach Training – Construction
- Recognized by Best Lawyers® in the field of Construction
Connor W. Herfurth, Associate
10-hour OSHA Outreach Training – Construction
Kendall L. Fann, Associate
10-hour OSHA Outreach Training – General Industry
Wilson M. Landers, Associate
10-hour OSHA Outreach Training – General Industry
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers