OSHA Violations Attorney
New York OSHA Violations Lawyer & OSHA Citation Defense
Experienced Legal Representation for OSHA Violations, Citations, Inspections, Workplace Injuries & Enforcement Actions
Facing an OSHA citation or workplace safety investigation can be stressful and potentially costly for a New York business. An OSHA inspection may result in citations, proposed penalties, abatement requirements, and other legal and compliance issues. If you believe an OSHA citation is incorrect, excessive, unsupported by the facts, or improperly issued, you may have the right to challenge it.
Labor Law Firm represents employers and businesses in New York OSHA matters, including OSHA violations, OSHA citations, OSHA inspections, workplace safety violations, and OSHA citation defense. We help clients understand the allegations against them, evaluate the evidence, and determine the appropriate legal strategy for responding to OSHA enforcement actions.
We also assist workers and their families who have been affected by serious workplace accidents, unsafe working conditions, catastrophic injuries, and workplace fatalities. Depending on the circumstances, an attorney can evaluate potential claims involving workplace injuries, construction accidents, workers’ compensation, retaliation, and wrongful death.
If you are looking for a New York OSHA lawyer, OSHA attorney in New York, OSHA citation defense attorney, workplace injury lawyer, or construction accident attorney, Labor Law Firm can help you understand your legal options.
OSHA Citation Defense in New York
If your company has received an OSHA citation in New York, it is important to take the matter seriously and act promptly. An OSHA citation may allege that an employer violated a federal workplace safety standard and may include a proposed monetary penalty and an abatement deadline.
Employers generally have 15 working days after receiving a Citation and Notification of Penalty to notify OSHA in writing if they intend to contest the citation or proposed penalty. If the employer does not timely file a notice of contest, the citation and proposed penalty generally become a final order and may no longer be subject to ordinary review.
Our New York OSHA citation defense attorneys represent employers responding to OSHA citations and enforcement actions. We can review the citation, evaluate the allegations, examine the available evidence, and help determine whether contesting the citation or pursuing another resolution may be appropriate.
Our OSHA defense services may include:
- OSHA citation defense
- Contesting OSHA citations
- Contesting proposed OSHA penalties
- OSHA inspection representation
- OSHA enforcement actions
- Informal conferences with OSHA
- OSHA settlement negotiations
- Abatement issues
- Alleged serious violations
- Alleged willful violations
- Alleged repeated violations
- Failure-to-abate allegations
- Workplace safety investigations
- OSHA compliance matters
- Occupational safety and health disputes
What Should You Do After Receiving an OSHA Citation in New York?
Receiving an OSHA citation does not necessarily mean that the alleged violation has been finally established. Employers have legal rights and procedures available to challenge OSHA citations, proposed penalties, and certain abatement requirements.
After receiving an OSHA citation, a New York employer should carefully review the documents and determine:
- What violations are alleged?
- Which OSHA standards are cited?
- What penalties are being proposed?
- What abatement dates have been established?
- Does the company have grounds to contest the citation?
- Would an informal conference or settlement be appropriate?
- What evidence supports the employer’s position?
- What deadlines apply?
A business should not assume that simply disagreeing with an OSHA inspector verbally will preserve its legal rights. Employers should understand the applicable procedures and deadlines and take appropriate action within the required time.
If you have received an OSHA citation, speaking with a New York OSHA attorney promptly can help you understand the allegations and available options.
Defending New York Employers During OSHA Inspections
An OSHA inspection can create significant uncertainty for a business. OSHA inspectors may examine workplace conditions, interview employees, review records, and investigate potential safety hazards.
Having an OSHA defense lawyer in New York involved can help an employer understand its legal rights and responsibilities during the inspection process.
Our attorneys can help businesses evaluate issues involving:
- Workplace safety procedures
- Employee training
- Safety programs
- Personal protective equipment
- Machinery and equipment
- Hazard communication
- Fall protection
- Electrical safety
- Lockout/tagout procedures
- Recordkeeping
- Accident and injury reporting
- Construction safety
- Hazardous materials
- Respiratory protection
- Scaffolding and ladders
- Excavation and trenching
- Other OSHA-regulated workplace hazards
The circumstances surrounding an alleged violation can be important. An attorney can review available evidence, company policies, training records, photographs, inspection materials, witness statements, and other documentation to help determine how the allegations should be addressed.
OSHA Law and Workplace Safety in New York
OSHA requirements can apply differently depending on the type of employer and workplace involved. Federal OSHA generally covers private-sector employers and workers in New York, while New York’s Public Employee Safety and Health Bureau, commonly known as PESH, covers state and local government workers.
Determining which requirements and enforcement procedures apply can therefore depend on the nature of the employer, the workplace, and the alleged violation.
A New York OSHA lawyer can help employers determine which regulatory requirements apply to their particular situation and evaluate the appropriate response to an inspection or citation.
Because workplace safety requirements can be technical and industry-specific, businesses should obtain legal advice based on their particular circumstances rather than relying solely on general information.
OSHA Violations Involving Ladders, Scaffolding and Fall Hazards
Falls are among the most serious workplace safety hazards, particularly in the construction industry. OSHA identifies falls as the leading cause of death in construction and specifically addresses fall hazards involving ladders, scaffolds, roofs, elevated work surfaces, and other locations where workers can fall to a lower level.
A fall from a ladder or scaffold can result in devastating injuries, including traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, paralysis, and other catastrophic injuries. In the most tragic cases, a workplace fall can result in death.
Our firm can evaluate workplace accidents involving alleged OSHA violations and unsafe conditions, including:
- Falls from ladders
- Falls from scaffolding
- Falls from roofs
- Falls from elevated platforms
- Falls from construction sites
- Collapsed or defective scaffolding
- Improperly erected scaffolding
- Missing guardrails
- Lack of fall protection
- Unsafe ladders
- Defective or improperly positioned ladders
- Unprotected openings
- Unsafe work surfaces
- Falling objects
- Other construction-site fall hazards
When an employee falls from a ladder, scaffold, roof, or other elevated surface, determining what happened can require a careful investigation of the workplace, equipment, safety procedures, training, supervision, and applicable safety requirements.
New York Workplace Injuries Caused by OSHA Violations
A workplace safety violation can sometimes contribute to a serious employee injury. For example, a worker may fall from an improperly secured ladder, fall from scaffolding without adequate fall protection, or suffer an injury because a dangerous workplace condition was not properly addressed.
If you or a family member has suffered a serious workplace injury, it is important to understand that an OSHA violation does not automatically establish a separate personal injury claim. The legal remedies available to an injured worker depend on the facts of the accident, the identity of the potentially responsible parties, the worker’s employment status, and applicable New York law.
Depending on the circumstances, potential legal issues may involve workers’ compensation, third-party liability, workplace safety violations, construction accidents, employer retaliation, or other claims.
An experienced New York workplace injury lawyer can review the circumstances of an accident and determine what legal options may be available.
Construction Accident Injuries and Scaffolding Accidents
Construction workers can face significant risks when working at heights or around scaffolding, ladders, machinery, and other equipment.
Scaffolding that is improperly constructed, inadequately protected, overloaded, unstable, or improperly accessed can create serious fall hazards. Similarly, improperly positioned, damaged, unsecured, or improperly used ladders can cause workers to fall.
OSHA has specific safety standards addressing scaffolds and fall protection. The existence of an OSHA investigation or citation may be important evidence when investigating an accident, although an OSHA citation by itself does not automatically establish civil liability.
Our attorneys can investigate the circumstances of a New York construction accident, including whether safety procedures were followed, whether required protective equipment was provided, and whether other parties may bear legal responsibility for an injury.
Wrongful Death After a Workplace Fall
Few events are more devastating than losing a family member in a workplace accident.
A fall from scaffolding, a ladder, a roof, or another elevated work surface can result in fatal injuries. When a workplace accident causes a death, the surviving family members may have important legal questions concerning workers’ compensation benefits, potential third-party claims, and wrongful death.
A New York wrongful death lawyer can investigate the circumstances surrounding a workplace fatality and determine whether parties other than the deceased worker’s employer may potentially be legally responsible.
Depending on the circumstances, an investigation may examine:
- OSHA citations or inspection records
- Workplace safety procedures
- Fall protection equipment
- Ladder and scaffold conditions
- Construction-site conditions
- Equipment maintenance
- Training and supervision
- Witness statements
- Accident reports
- Photographs and video
- Contracts and relationships between companies
- The conduct of contractors or subcontractors
- Other potentially responsible parties
A workplace fatality may involve multiple companies, contractors, property owners, equipment manufacturers, or other entities. Determining whether a viable wrongful death or third-party claim exists requires a fact-specific legal analysis.
OSHA Violations and Penalties
OSHA citations can carry significant financial and operational consequences. The potential penalty depends on the nature and classification of the alleged violation and other factors established by applicable law and regulations.
OSHA citations may involve allegations classified as serious, willful, repeated, or other-than-serious violations. The legal and financial consequences can differ depending on the specific allegations.
A citation may also establish an abatement requirement requiring the employer to correct an alleged hazard by a specified date.
For an employer, the issue is not always simply whether to pay a proposed penalty. Depending on the circumstances, the business may have grounds to challenge the citation, penalty, or abatement requirements.
Our New York OSHA citation lawyers can help employers evaluate these issues and determine an appropriate response.
Contesting an OSHA Citation
There are a number of reasons an employer may consider contesting an OSHA citation. The appropriate legal strategy depends on the facts and evidence in the particular case.
Potential issues may include questions concerning:
- Whether an OSHA standard applies
- Whether the cited condition actually existed
- Whether the employer violated the applicable standard
- Whether the employer had knowledge of the alleged condition
- Whether employees were exposed to the alleged hazard
- Whether the alleged violation was properly classified
- Whether the proposed penalty is appropriate
- Whether the required abatement period is reasonable
- Whether the facts support the allegations in the citation
An OSHA citation attorney in New York can review these issues and advise the employer about potential defenses and available procedures.
OSHA Informal Conferences and Settlement
An employer may also have the opportunity to request an informal conference with OSHA during the applicable contest period. An informal conference can provide an opportunity to discuss the citation, present additional information, and potentially resolve the matter through an informal settlement.
The right approach depends on the circumstances. In some cases, negotiating with OSHA may be appropriate. In others, contesting one or more citation items may be warranted.
Our OSHA defense attorneys can help New York employers evaluate these options and develop a strategy based on the specific allegations, evidence, potential penalties, and business considerations involved.
Common Workplace Safety Violations
Workplace safety violations can occur in virtually any industry. Construction companies, manufacturers, warehouses, contractors, restaurants, healthcare facilities, and other businesses may face OSHA requirements specific to their operations.
Common OSHA-related workplace safety issues include:
Fall Protection Violations
Falls are a serious workplace hazard, particularly in construction and other industries involving elevated work areas. OSHA requirements may apply to guardrails, fall arrest systems, training, scaffolding, ladders, and other forms of fall protection.
Scaffold Violations
Scaffolding must meet applicable safety requirements concerning construction, access, fall protection, loading, and other conditions. Improperly constructed or maintained scaffolding can expose workers to serious injury or death.
Ladder Violations
Improperly positioned, damaged, unsecured, or improperly used ladders can create significant fall hazards. Ladder-related accidents can result in serious injuries and fatalities.
Machine Guarding Violations
Employees working around machinery may face serious injuries if equipment is not properly guarded or maintained. OSHA standards address numerous aspects of machine safety and guarding.
Hazard Communication Violations
Employers that use hazardous chemicals may have obligations concerning labeling, safety data sheets, employee information, and training.
Electrical Safety Violations
Electrical hazards can result in severe injuries or fatalities. OSHA standards address electrical installations, equipment, work practices, and other safety requirements.
Lockout/Tagout Violations
Businesses that service or maintain machinery may have obligations concerning control of hazardous energy. Alleged lockout/tagout violations can lead to significant OSHA enforcement issues.
Personal Protective Equipment Violations
Employers may be required to assess workplace hazards and provide or require appropriate personal protective equipment where applicable.
OSHA Lawyers Representing New York Employers and Businesses
OSHA enforcement matters can affect more than the amount of a proposed penalty. Citations can create operational challenges, compliance obligations, reputational concerns, and additional scrutiny.
For that reason, New York businesses should consider their options carefully before deciding how to respond to an OSHA citation.
At Labor Law Firm, our attorneys represent employers facing workplace safety and OSHA-related legal issues. We can review the citation, explain the allegations, evaluate potential defenses, and help determine whether contesting the citation, pursuing an informal resolution, or taking another approach may be appropriate.
Our representation can be particularly important when a business is facing significant proposed penalties, multiple citation items, allegations of serious or willful violations, or other potentially consequential OSHA enforcement issues.
Injured Workers and Unsafe Working Conditions in New York
OSHA regulations exist to promote safer workplaces, but employees can still be exposed to dangerous conditions.
If you were injured because of an unsafe workplace in New York, you may have questions about workers’ compensation, retaliation, workplace safety complaints, or other legal rights.
The fact that an OSHA violation occurred does not automatically establish a separate personal injury claim, and the legal remedies available to an injured worker depend on the facts and applicable law.
An attorney can review the circumstances of your injury and explain what claims or protections may be available.
Talk to a New York OSHA Violations Lawyer
Whether you are a New York employer facing an OSHA citation, a worker injured in a workplace accident, or a family dealing with the loss of a loved one in a workplace fatality, obtaining legal advice early can help you understand your rights and options.
Labor Law Firm provides legal representation involving New York OSHA violations, OSHA citation defense, OSHA inspections, workplace safety violations, OSHA penalties, construction accidents, workplace injuries, scaffolding accidents, ladder falls, and related employment law matters.
If your business has received an OSHA Citation and Notification of Penalty, do not ignore the applicable deadlines. Employers generally have 15 working days after receiving the citation to notify OSHA of their intent to contest.
If you or a loved one has suffered a serious injury or death following a workplace fall, construction accident, scaffolding accident, or ladder accident, an attorney can investigate the circumstances and determine what legal options may be available.
Contact Labor Law Firm today to schedule a consultation and discuss your OSHA, workplace injury, construction accident, or wrongful death matter.
Frequently Asked Questions About OSHA Violations in New York
An OSHA lawyer represents employers, businesses, or other clients in matters involving OSHA inspections, citations, alleged workplace safety violations, penalties, enforcement proceedings, and related legal issues.
Yes. Federal OSHA procedures provide employers with a right to contest citations and proposed penalties. Generally, the employer must notify OSHA of its intent to contest within 15 working days after receiving the citation.
Generally, an employer has 15 working days after receiving the Citation and Notification of Penalty to notify OSHA of its intent to contest. The specific circumstances of a case can affect the applicable procedure, so employers should obtain legal advice promptly.
Depending on the circumstances, an employer may have opportunities to negotiate or resolve an OSHA matter, including through an informal conference or settlement. Whether a reduction or other resolution is possible depends on the specific facts and applicable law.
An employer may benefit from legal advice when facing an OSHA citation, particularly when the allegations are significant, the proposed penalties are substantial, multiple violations are alleged, or the business is considering contesting the citation.
Generally, if an employer does not timely notify OSHA of its intent to contest, the citation and proposed penalty can become a final order of the Occupational Safety and Health Review Commission.
Possibly. An OSHA violation does not automatically create a separate personal injury claim. The available legal remedies depend on the circumstances of the accident, the worker’s employment status, the identity of potentially responsible parties, and applicable law.
A fatal workplace accident may give rise to workers’ compensation benefits and, depending on the circumstances, potential claims against third parties. A New York wrongful death attorney can investigate the accident and determine whether additional legal claims may be available.
A fall from a ladder or scaffold can result in serious or catastrophic injuries. Depending on the circumstances, legal issues may involve workers’ compensation, OSHA violations, construction law, or claims against third parties. An attorney can review the facts of the accident and explain the potential remedies.
Federal OSHA generally covers private-sector employers and workers in New York. New York’s PESH program covers state and local government workers. The applicable requirements and enforcement procedures depend on the type of employer and workplace involved.
Contact a New York OSHA Attorney
If you are facing an OSHA citation, OSHA inspection, workplace safety investigation, serious workplace injury, construction accident, scaffolding accident, ladder fall, or workplace wrongful death matter in New York, contact Labor Law Firm to discuss your situation with an experienced attorney.
We represent clients in matters involving:
OSHA Violations • OSHA Citation Defense • OSHA Inspections • OSHA Penalties • Workplace Safety Violations • Construction Accidents • Ladder Falls • Scaffolding Accidents • Workplace Injuries • Wrongful Death • OSHA Enforcement • Employer OSHA Defense
Contact Labor Law Firm today to schedule a consultation and learn about your legal options.
This website provides general information and is not legal advice. Laws, regulations, deadlines, and legal remedies may vary depending on the circumstances of a particular matter and the jurisdiction involved. No attorney-client relationship is created by reading this page or contacting the firm.