OSHA / MSHA COMPLIANCE, LITIGATION AND DEFENSE
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Active Safe Process works with clients to develop strategic and operational plans to improve workplace safety and health to prevent OSHA / MSHA violations.
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We have extensive experience and competency in developing, implementing, auditing occupational safety and health programs to comply with OSHA / MSHA.
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Our practice with our clients includes the development, implementation, and audit monitoring of occupational health and safety compliance programs for employers; drafting policies regarding obligations under OSHA / MSHA; development and review of employee safety manuals and procedures (induction and recruitment); preparation of emergency response action plans for employers; and advise employers on OSHA / MSHA obligations and appropriate and defensible disciplinary actions when employees violate safety rules.
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We have also assisted our clients with their efforts to achieve compliance with international health and safety standards such as ISO 45001.
OSHA / MSHA Compliance, Litigation and Defense
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We focus first on preventing OSHA compliance issues, but we also have vast experience defending clients facing citations by both state and federal OSHA.
- Representing clients in numerous situations where equipment or machinery failure, misuse of equipment, acts or employee misconduct have resulted in death or serious injury to employees. We investigate accidents, negotiate with OSHA or equivalent state plan (PR OSHA), defend OSHA citations, follow up compliance to resolve identified problems, and defend wrongful death litigation
- This work has included response to spills and releases of hazardous chemicals, electrical shocks, crushes, falls from heights, equipment tip-overs, and run overs
- Participation in all aspects of rulemaking. Participation in litigation against OSHA for the Maintenance and Traffic Control reference standard (MUTCD Compliance)
- OSHA counseling and citation defense to employers in the oil and gas industry, including PSM counseling, oversight of PSM audit programs, and training and advocacy on issues related to multiemployer workplaces in the oil and gas industry
- Routinely advise clients on MSHA emergency and safety issues, such as response to hazardous spills and weather emergencies
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With all OSHA / MSHA citations and penalties, our clients typically wish to enter negotiations with OSHA / MSHA to determine if a favorable agreement can be reached that minimizes or reduces the number, severity, and fine amounts of the citations. We have been successful in obtaining favorable settlements containing non-admission terms, even in cases involving death and serious injury.
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WHAT WE DO:
Accident Investigation (OSHA / MSHA Compliance)
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The Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) are the federal agency´s responsible for overseeing workplace safety. The organization also enforces safety protocols and levies citations and fines for companies violating one of the industry safety requirements.
- Mining and Metals
- Oil & Gas and Energy
- Infrastructure and Construction
- Industrial & Commercial
- Health and Food
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An important process of clarifying a serious or fatal accident with either the OSHA or MSHA agency is to develop an accident investigation where findings related to the root causes of the problems are discovered (latent failures system or active failures related to the person or equipment of work that directed the injured person). Our incident investigations cover any industry we focus on.
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WHAT WE DO: