Our OSHA & VOSH Defense Group is available to assist clients on workplace safety and health matters in a wide range of industries – including manufacturing, construction, transportation, health care, retail, and more.
The federal Occupational Safety and Health Act (“OSH Act”) was enacted in 1970 to protect workers by requiring employers and workplaces to adhere to certain safety standards. Virginia has also enacted a State Plan that incorporates the federal law and provides additional protections for employees. Virginia’s program is overseen by the Virginia Occupational Safety and Health (“VOSH”), which is part of the Virginia Department of Labor and Industry (“DOLI”). Virginia’s State Plan, like all approved OSHA State Plans, must be at least as effective as the federal OSHA in protecting workers and in preventing related injuries, illnesses, and death.
OSHA and VOSH regulations cover a wide variety of workplace standards that apply generally to all employers. Specific standards exist for construction work, shipyards, maritime terminals, longshoring, agriculture, and other industries that involve specific health and safety risks relative to the industry. These may include requirements regarding personal protective equipment, fall protection, electrical standards, fire protection, and hazard communications, among many others. OSHA and VOSH also require training, recordkeeping about work-related injuries, various types of workplace inspections, and the regular provision of certain notifications to employees. Violations of these health and safety laws can result in significant fines and even shut down operations, greatly impacting the bottom-line. In addition to setting workplace standards, both federal and Virginia laws have anti-retaliation and whistleblower provisions that prohibit employers from terminating, discriminating against, or taking other adverse actions toward an employee related to protected activities.
Our attorneys provide legal representation and guidance to clients on workplace safety and health matters, including:
- Reporting Compliance;
- Inspections and Audits;
- Crisis Management and Investigation of Serious Workplace Incidents;
- Counseling on Property and Personal Injury Liability and Insurance Coverage Issues;
- Presenting Employee Witnesses for Interviews;
- Responding to Subpoenas and Document Requests;
- Evaluating Citations – Specific Duty and General Duty Clause Violations;
- Contesting Citations at Informal Administrative Hearings;
- Litigating Citations in State and Federal Courts;
- Misclassification of Worker Claims;
- Whistleblower Claims; and
- Overall Dealings with OSHA, VOSH, and Other Governmental Entities
For more information, please download a complimentary copy of Willcox Savage. P.C.’s “Virginia Employer’s Guide to OSHA/VOSH,” or contact any of the attorneys listed below.
For complimentary access to Willcox Savage’s webinar, “Toolbox Talk: What To Do When OSHA Shows Up,” please click here.
