Division of Occupational Safety and Health

The Solicitor's Occupational Safety and Health Division (OSH) provides legal support to the Occupational Safety and Health Administration, the agency that ensures safe and healthy working conditions for workers. OSH provides legal services related to several worker-protection statutes:

• The Occupational Safety and Health Act of 1970
• Whistleblower protection provisions of the Surface Transportation Assistance Act and the Seaman's Protection Act

The OSH Division conducts litigation before the Occupational Safety and Health Review Commission and federal district and appellate courts; provides legal services in connection with the development of OSHA standards, guidance, and interpretations; provides legal advice to Department officials on matters arising under the OSH Act; assists in litigation by the SOL field offices; represents the Department vis-a-vis other federal agencies, the legislative branch, states, private sector groups, and members of the public; and provides legal services in connection with OSHA's state plans, voluntary programs, and compliance assistance efforts.

Accomplishments

• Won a favorable decision from the Occupational Safety and Health Review Commission affirming a citation against Integra Health Management, Inc., after an employee was killed while attempting to provide social services at the home of a client with a violent criminal background (opinion). In this case of first impression, the Commission held that the OSH Act covered workplace violence hazards where there is a direct nexus between the risk of violence and the work done by the employee.
• Won a favorable decision from the Second Circuit Court of Appeals affirming a citation against Walmart after an employee was seriously injured in a Walmart warehouse when merchandise fell from an upper rack of an unstable shelving unit and struck the employee on the head (opinion). The court deferred to OSHA's interpretation of the Secure Storage standard, 29 C.F.R. § 1910.176(b), which applies to items "stored in tiers," as covering the storage of items on multi-level metal racks even though the items were not stacked directly on top of each other.
• Entered into a corporate-wide settlement agreement with the discount retailer Dollar Tree addressing nationwide egress issues within its retail establishments.  The agreement includes a variety of enhanced abatement measures, as well as a ground-breaking provision that requires Dollar Tree and Family Dollar to abate alleged violations related to egress, fire extinguisher and electrical panel access, and material storage within a 48-hour period or be subject to monetary assessments for each day abatement has not occurred, up to $500,000. The Agreement holds Dollar Tree accountable and protects workers from hazards by ensuring the rapid abatement of egress hazards within the company's stores.
• Won two favorable decisions from the Tenth Circuit Court of Appeals affirming a citation against UHS of Delaware, Inc. and Cedar Springs Hospital, Inc. for failing to protect workers from workplace violence at their behavioral health facility (UHS of Delaware opinion and Cedar Springs opinion). In addition, the court found that  the two companies operated as a single employer and rejected an argument that OSHA was  preempted from regulating workplace violence by the Centers for Medicare and Medicaid Services (CMS).

Entered into a corporate-wide settlement agreement with the online retailer Amazon.com to address ergonomic hazards in Amazon warehouses that put employees at risk of developing musculoskeletal disorders. The agreement requires Amazon to take action at the corporate level to ensure ergonomics requirements are effectively implemented at covered Amazon facilities. The CSA also includes a dispute resolution procedure under which Amazon must promptly respond to ergonomic complaints or referrals received by OSHA.

What We Do

The Division's attorneys work on:

• Appellate litigation, including:
  • Briefing appeals before the Occupational Safety and Health Review Commission and U.S. Courts of Appeals in cases involving agency enforcement actions (which are usually brought by our colleagues in the regional offices);
  • Defending OSHA rulemakings against challenges in the U.S. Courts of Appeals;
  • Presenting oral arguments before the U.S. Courts of Appeals; and
  • Working with the Department of Justice to defend district court lawsuits brought against OSHA, including those raising constitutional challenges to the OSH Act, and on cases in which certiorari is sought in the Supreme Court.
• Drafting, reviewing, and advising OSHA on standards and guidance materials, as well as participating in public hearings and meetings related to rulemaking;
• Providing legal advice to the OSHA National Office and litigation support to SOL regional offices on matters such as:
  • Agency policies;
  • Interpretations of law;
  • Enforcement initiatives and guidance; and
  • Novel, significant, and complex cases, including assisting with settlement negotiations.

Staff attorneys generally engage in all the functions of the Division (rather than receiving assignments only within a particular subject area). They receive individual assignments from each of the Division's counsels, the senior attorneys, and sometimes directly from the Associate Solicitor and the Deputy Associate Solicitor. There is limited travel, usually averaging one to three overnight trips per year, for oral arguments, trainings, and trial litigation assistance.

DOL Agencies Supported

• The Occupational Safety and Health Administration (OSHA)

Employment Opportunities

For employment opportunities, please visit the federal government's official jobs website or the DOL Honors Program website.

Contact OSHA

Contact OSHA at www.osha.gov/workers/file-complaint or 1-800-321-OSHA (6742).

Contact Information

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Published Legal Briefs