HB NEXT’s General Counsel and Subject Matter Expert Consultants assist clients and their counsel as expert analysts or witnesses at all stages of litigation. We offer litigation support in workplace labor, workers compensation, industrial disputes, and personal injury issues. HB NEXT is unique in its ability to offer legal representation at a fraction of the cost of a traditional law firm. However, at HB NEXT, our goal is to help keep your company out of the courtroom.
HB NEXT understands the challenges that companies face attempting to provide a safe and legally compliant workplace. What separates us from our competitors is our ability to combine in-house legal counsel with the substantial field experience of our Consultants. All of our Consultants have extensive field experience in senior roles, at either large-scale commercial or residential construction projects or in general safety management. Our team’s technical knowledge of OSHA and other construction regulations makes HB NEXT uniquely qualified to provide comprehensive support and representation.
Defending Against OSHA Citations
There is no “get out of jail free” card from an OSHA Citation but they can be limited – or avoided entirely – through wise subcontractor selection and monitoring, good contract drafting, regular and frequent equipment or plant inspection, and proper documentation. Upon a credible, evidence-based showing, OSHA can withdraw citations. If a citation is withdrawn at the OSHA Area Office Informal Conference, you can avoid the expense and risk of litigation.
OSHA takes full advantage of worker language problems, communication failures, and lack of education. Workers shouldn’t be relied upon to explain the distinction between job site management personnel management – especially if their English language skills are poor. Getting questioned by a government official can also make a worker uncomfortable; even supervisors can get flustered if they’re 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. We can support you in post-inspection investigations, informal agency conferences, hearings, trials, and appeals.
Contract Drafting and Review
Paperwork and document retention are not often the strong suits of contractors but they can make the difference between winning and losing an OSHA Citation Contest. Many companies use contracts that are 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.