OSHA Defense
Why OSHA Defense Matters
OSHA enforcement actions can have consequences that extend far beyond the immediate citation or penalty. Serious violations may increase future inspection frequency, elevate an employer into OSHA’s Severe Violator Enforcement Program, and be used against the company in later civil litigation, contract negotiations, or criminal investigations. How an employer responds to OSHA—particularly in the early stages of an inspection or following a serious incident—can significantly affect the scope, cost, and long term impact of the case. Effective OSHA defense is not about resisting safety obligations; it is about ensuring that enforcement actions are grounded in the law, supported by the facts, and applied only where responsibility truly exists.
An experienced OSHA defense attorney helps employers navigate this process strategically by managing inspections, protecting legal privileges, and identifying viable defenses based on the realities of the worksite and the employer’s role. Many OSHA citations can be reduced or eliminated by demonstrating that liability has been improperly assigned, that employee misconduct was unforeseeable, or that compliance was not feasible under the circumstances. A proactive and informed defense allows employers to protect their workforce, preserve their reputation, and minimize regulatory exposure while continuing to operate effectively.
See how we guide employers through each stage of an OSHA matter, from immediate incident response to preparing for investigations, evaluating potential violations, and building an effective defense.
Click on the topics below to learn more about our OSHA defense practice: