Quarterbacking Your OSHA Defense After a Worksite Accident: When a Citation Is Only Part of the Problem

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Employers have reason to be concerned about a potential OSHA investigation after a workplace accident or injury, but there is more at stake than citations and penalties. At Hendershot Cowart P.C., our team has extensive experience serving as oversight counsel for a range of liability issues – from helping company owners and management prepare for investigative interviews to advising about potential insurance exclusions that may impact coverage.

Our OSHA and business litigation attorneys have a playbook for dealing with the unique issues and risks business owners face following a worksite accident. We can help put your business on a more level playing field with the various agencies and opposing counsel investigating or litigating the incident.

We are equipped to help your business with a range of worksite accident-related legal issues, including:

  • OSHA Investigations. We can prepare employees and managers for investigative interviews and advise them of their legal rights. We can observe OSHA’s walkaround after the incident to assess areas of exposure and potential violations, and control and manage all interactions with OSHA representatives to protect your rights and preserve your options.
  • OSHA Citation Defense. OSHA citations are fact-specific matters that require custom defense strategies. Although every workplace and employer are different, there are several affirmative defenses that can be raised either alone or in combination. Our attorneys are skilled at identifying and deploying the best defense for your situation.
  • FDA or other Government Agency Investigations. If your business falls under the authority of other agencies, you may face more than one government investigation. Our team of regulatory experts can coordinate the investigations of all agencies on your behalf.
  • Insurance Coverage Issues. Your insurance carrier will likely send its own attorney and expert to investigate the incident. Do not mistake your insurer’s counsel as your own. Our attorneys can be present during all visits and discussions with insurance representatives to help you avoid exclusions and other coverage issues and work toward a successful claim resolution.
  • Forensic Experts. It is important to cooperate with all accident reconstruction experts and be consistent with information provided. Our attorneys can coordinate expert inspections and be present to make sure your rights are protected, and the results of the inspection are accurate.
  • News Coverage. Your business may receive media attention. Your attorney can manage your company's responses to press inquiries – including reviewing an agency’s press release – to better protect your reputation.

Coordinated Legal Defense & Compliance for Your OSHA Matters

In addition to coordinating response and citation defense efforts, we can also work proactively to refine your compliance program, prepare your people, and develop the response and training policies that can help you avoid major problems before they arise. After all, in sports and in business, it pays to set goals, develop a strategy, and practice.

Hendershot Cowart P.C. works with employers across Texas and beyond in a range of proactive and responsive OSHA matters. To speak with a lawyer about our services and your situation, call (713) 909-7323 or contact us online.

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