The scope of our practice is within the broad spectrum of labor and employment law. Our areas of specialty include:

• Occupational Safety and Health [OSHA]
  • California
  • Other states
  • Federal OSHA
• Crisis Response and Management
• Risk Analysis
• California Occupational Safety and Health Standards Board
• "Serious and Willful Misconduct" (Calif. Labor Code § 4553 and 4553.1)
• Workers' Compensation Discrimination claims (Calif. Labor Code § 132a)

Citations, if not challenged and allowed to become final, will affect an employer's ability to continue doing business in several ways. The first and most obvious hindrance is the effect that penalties - starting at a standard $18,000 for a serious accident-related violation - have on profitability. Another citation for the same or a similar violation within three years can cause the second or third violation to be classified as Repeat, with the standard penalties multiplied by a factor of two or three. Where Cal/OSHA believes that the citation should be classified as Willful, the standard penalty will be multiplied by a factor of five.

In the case of death or catastrophic incident, DOSH will either refer the matter to its in-house criminal investigation unit, the Bureau of Investigation, or alert local law enforcement. Cross-referrals to the EPA, local air quality management agencies, the Department of Labor Standards Enforcement, and other agencies are now a routine part of DOSH's response to an accident or complaint.

Unchallenged citations can also hamper the employer's ability to secure new business: all final citations are publicly listed on Fed OSHA's website. Many entities, especially public agencies and developers, now routinely review a company's OSHA experience during the bidding process. To search for your company's history, click here.

A citation for a serious, accident-related violation can be offered as evidence of serious and willful misconduct (S&W) at the California Workers Compensation Appeals Board (WCAB). The penalties for S&W can be severe, and they are uninsurable.

In a crisis, the myriad liabilities faced by employers in California - regulations, workers compensation, civil and criminal - all come into play. When a disaster occurs, creating the basis for legal defense is as essential as returning to production. We use the attorney-client communication and work product privileges to protect our clients from the beginning. We also work with our clients' insurance carriers and brokers to guarantee that proper protections are in place as soon as possible. For more information, download our white paper on Crisis Management, which is reprinted here from Professional Safety Magazine. In addition, you can read many more articles on Cal/OSHA in our articles section.

We also provide our clients with safety audits and risk management services, using the resources of safety and health and consultants with whom we have worked over the past twenty-two years.

This web site is intended to provide information about Walter & Prince, LLP and general information regarding our areas of practice. This information cannot be relied upon as legal advice. This site does not constitute an offer of representation, nor is it intended to create an attorney-client relationship. Please also know that e-mails sent to us from this website are intended for general questions and initial contacts only, that the content of any internet e-mail sent to us from this WebSite will not create an attorney-client relationship and will not be treated as confidential.