Goldberg Segalla’s OSHA: The Latest Legal Developments and Legal Update is designed to help companies from all industries form effective strategies for complying with the complex and evolving regulations put forth by the Occupational Safety and Health Administration (OSHA) and also provide practical tips for responding to citations.

Co-edited by Goldberg Segalla attorneys David E. Leach and Michael Rubin, OSHA: Legal Developments and Defense Strategies will provide news, insights, and legal analysis regarding OSHA inspections, risk management strategies, and defenses against alleged OSHA violations. In addition, the blog will examine the latest court decisions, emerging trends, and industry and regulatory developments to help you understand how these regulations impact your business and what may be in store for the future.

Our attorney contributors to this blog have extensive experience guiding clients through OSHA compliance and investigations and responding to and contesting citations. In fact, over a dozen Goldberg Segalla attorneys are OSHA-10 trained and certified. With our level of behind-the-scenes industry know-how, we hope you will find the blog to be a practical resource and a useful forum in which to gain insight, participate in discussions, and keep abreast of all things related to OSHA.

Editors

David E. Leach

Leach-David_s_web

315.413.5450
[email protected]segalla.com

David Leach is a trial lawyer who has been practicing for over 25 years handling all types of general liability matters, including, but not limited to, automobile liability, construction site accidents, Labor Law, premises liability, property damage and security matters. He specializes in environmental litigation, construction litigation, employment litigation and insurance coverage matters.

David regularly represents construction companies on managing risk and litigation proceedings. His clients have utilized his services in matters ranging from filing construction delay claims and mechanic’s liens, to handling disputes with other contractors over payment and investigations by OSHA, the United States Department of Labor and New York State Department of Labor.  He has also represented employers in all types of employment-related litigation in state and federal courts as well as in arbitration on matters involving harassment, employment discrimination, civil rights claims and breach of contract.

David’s environmental experience includes defending cases involving an alleged exposure to asbestos containing products and lead paint. In addition, he has worked on many cases involving the clean-up of hazardous waste at various spill sites.

He has spoken at seminars for the New York State Bar Association, Syracuse Claims Association and for various clients on an in-house basis. The subjects, on which he has lectured, include Labor Law Sections 200, 240(1) and 241(6), insurance coverage and Insurance Law Section 3420, co-insurance, No-Fault claims and Regulation 68, Dram Shop liability, loss transfer and liability for intentional acts.

Michael Rubin

Rubin-Michael_s-web

716.844.3477
[email protected]

Michael Rubin is a partner in the firm’s Buffalo office and focuses his practice on complex construction litigation, construction defect, and defending owners and contractors in claims alleging violations of the New York Labor Law. Michael is the Chair of Goldberg Segalla’s OSHA and Worksite Safety Practice Group and devotes a significant portion of his practice to OSHA, including counseling clients across multiple industries regarding inspections, responding to citations, and the intricacies of the OSHA recording and reporting requirements. He has on-the-ground experience dealing with accident investigations and represents employers at all stages of OSHA enforcement proceedings, including negotiating for the withdrawal and reclassification of violations at informal conferences and formally contesting citations. He is a member of the firm’s Business and Commercial and Construction practice groups. He possesses an AV rating from Martindale-Hubbell.

Michael is a frequent lecturer on best practices for minimizing OSHA liability (before, during, and after an inspection), the New York Labor Law (Scaffold Law), and strategies for effective risk management and risk transfer. He has completed the Department of Labor’s OSHA-30 construction training and general industry training and has authored numerous articles/blog posts on OSHA. He also has experience in employment law, class action litigation, and defending clients through trial in general liability actions, including wrongful death, premises liability, products liability, and environmental claims. His employment law experience includes defending against employment discrimination claims before the New York State Division of Human Rights (DHR) and the U.S. Equal Employment Opportunity Commission (EEOC).

In 2014, Michael was the recipient of a “Trial Gladiator Award” for his work on a case for a major international insurer. It is the highest award the insurer presents to its defense attorneys.

Representative engagements include:

  • Representing a recycling plant during an ongoing OSHA investigation, including defending against 15 alleged violations.
  • Obtaining the reclassification of four OSHA violations – all relating to alleged scaffold deficiencies – from “serious” to “other-than-serious” on behalf of a general contractor.
  • Obtaining summary judgment for the owner of a construction company in a New York Labor Law action.
  • Defending a well services company in hydraulic fracturing litigation alleging groundwater contamination.
  • Obtaining summary judgment for the manufacturer of a gas control valve in a product liability wrongful death action.

Contributors

William H. Baaki
518.935.4206
[email protected]

Robert W. Berbenich
516.281.9838
[email protected]

Stefan A. Borovina
516.281.9828
[email protected]

Amanda S. Reynolds
516.281.9837
[email protected]