HB NEXT’s General Counsel and Subject Matter Expert Consultants assist clients and their counsel as expert analysts and expert witnesses at all stages of litigation with litigation support in workplace labor, workers compensation, industry disputes and personal injury issues.
HB NEXT understands the challenges that companies face attempting to provide a safe and legally compliant workplace. Based in Atlanta since 1999, HB NEXT Corporation has provided both the construction industry and general industry with safety training, legal consultation, contract drafting and review, and representation in defense of OSHA citations.
What separates HB NEXT from its competitors is its ability to combine in-house legal counsel with the substantial field experience of its Consultants. All HB NEXT Consultants have extensive field experience in senior roles at either large-scale commercial or residential construction projects, or in safety management in general industry. The well-coordinated team’s technical knowledge of OSHA and other construction and general industry regulations uniquely qualifies HB NEXT to provide comprehensive and effective training, support and representation.
Defending OSHA Citations
There is no “get out of jail free card” inoculating a contractor or place of business from an OSHA Citation, but wise subcontractor selection and monitoring, good contract drafting, regular and frequent equipment and plant inspection, and proper documentation can limit the exposure, if not avoid it entirely. Upon a credible, evidence-based showing, OSHA can and will withdraw the Citation. If withdrawn at the OSHA Area Office Informal Conference, there won’t be any need to file a Contest and incur the expense and risk of litigation.
OSHA takes full advantage of worker language problems, communications failures, and lack of education. Workers can’t be relied upon to enunciate the distinction between management of the job and management of how they are doing their work, especially if their English language skills are poor, or if questioning by a government official makes them nervous. Even supervisors get flustered if not trained or experienced in handling an OSHA Inspection.
Timing is Critical
An OSHA Citation must be resolved by settlement or contested in writing within 15 business days. State-enforced OSHA programs have similar timetables. These deadlines are absolute, and can almost never be modified. HB NEXT recommends addressing the Citation as soon as it is received in order to determine and engage effective defense preparations.
Other Regulatory Agencies
HB NEXT’s General Counsel regularly represents clients nationwide before regulatory agencies and courts at all stages, from post inspection investigation, to agency informal conferences, through hearings, trials and appeals.
Contract Drafting and Review
Paperwork and document retention are often not strong suits of contractors, but they it can make the difference between winning and losing an OSHA Citation Contest, or getting paid correctly and on time. Many companies use contracts that are often simple generic forms not intended for or particularly suitable to the workforce. HB NEXT assists clients with attention to detail, preparation of quality contract documents, and good records filing and retention.