OSHA, MSHA, TOSH & VOSH
The Occupational Safety and Health Act, Mine Safety and Health Act, and Tennessee and Virginia health and safety laws govern safety in the workplace. These laws—and the regulations under them—impose strict requirements upon employers. Government officials may come to businesses and work sites and conduct inspections. In the case of reported accidents involving safety issues, a resulting government investigation is likely. Violations of these laws can result among other things in hefty penalties, affect businesses’ insurance rates, and in some instances cause serious interference with production or the operations of the business.
We have experience representing companies’ interests in safety matters—during investigations, in challenging citations, and in resolving related disputes. These matters usually start out as administrative proceedings. We have handled numerous cases of this type through the administrative process, sometimes outright defeating the agencies’ asserted violations and usually obtaining significant reductions in penalties assessed against our clients.
These safety laws also generally provide for employee protection and causes of action against employers for any retaliation or discrimination based upon employee cooperation, participation, or complaints related to these laws. Sometimes employees’ actions in this regard are genuinely motivated by safety concerns, while in some instances they are motivated by other work-related issues. We have represented clients in these types of retaliation cases.
If you would like to discuss any situation involving these laws with us, please contact us by email or call us at (276) 628-9515.