Downey & Associates, PC provides representation in Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) enforcement proceedings. We have extensive experience representing companies involved in construction, mining, manufacture and fiberglass fabrication throughout Colorado and Wyoming.
Proactive Assistance with Compliance
OSHA, MSHA and other safety regulations are complex, and the assistance of a lawyer and other professionals is often necessary. We can assist clients who have questions about their practices and whether they are in compliance with regulations. We strongly encourage such proactive work, as it can save companies significant expense.
Contesting Citations
Once a citation is issued, the cited company or operator can either accept it or start an administrative process to discuss and contest it. The timely filing of a notice of contest starts an administrative process that may culminate in a trial before an administrative law judge.
Related: OSHA to Publish Employer’s Injury & Illness Reports Online
Thomas E. Downey Jr. has handled many such proceedings. He has resolved cases during their initial stages and has also successfully represented clients before federal administrative law judges who hear OSHA and MSHA cases.
We can also help companies with other forms of litigation, including work-related injury cases, commercial litigation, and more.
Contact Us
If you need assistance with any MSHA or OSHA violations or compliance matters, call us at (303) 813-1111 or email us through our contact page. Downey & Associates are available for free initial consultations for those who qualify. We make evening appointments and can accept credit cards.
Frequently Asked Questions
What steps can employers take to contest an OSHA citation?
Employers who receive an OSHA citation can contest the findings by filing a notice of contest. This process requires a thorough understanding of OSHA regulations and legal procedures. Our attorneys at Downey & Associates in Denver provide expert representation and support throughout the contestation process, ensuring that employers have the best chance of a favorable outcome.
Why is it important to consult with an attorney for OSHA/MSHA compliance?
Consulting with an attorney for OSHA and MSHA compliance is crucial because these regulations are complex and constantly evolving. Our Denver-based legal team at Downey & Associates can help businesses stay up-to-date with the latest safety standards, provide training, and develop compliance programs to mitigate risks and avoid violations.
What should an employer do during an OSHA or MSHA inspection to protect its rights?
Designate a knowledgeable representative to accompany the inspector, take parallel notes and photos, and coordinate employee interviews. Participate in the opening conference to clarify scope and in the closing conference to understand potential citations. Verify credentials, request clarification on document requests, and avoid guessing when answering technical questions. Keep your own timeline and preserve relevant records. Consider seeking counsel early to manage communications and possible defenses. OSHA’s employer rights booklet and MSHA’s inspection overview explain these steps.
How are OSHA penalties calculated, and can they be reduced?
OSHA adjusts penalty amounts annually for inflation and publishes the updated minimums and maximums. Proposed penalties consider factors such as gravity, employer size, good faith, and history. Penalties can be reduced through informal conferences, abatement, and negotiated settlements when appropriate. Serious, willful, and repeat violations carry significantly higher potential amounts. Tracking the current year’s schedule is important for budgeting and decision-making. See OSHA’s 2025 penalty adjustment memo and the Department of Labor’s update.
Does OSHA or MSHA apply to our operations, and why does that matter?
OSHA covers most private-sector workplaces, while MSHA regulates mining operations, including both surface and underground mines. The agencies have different inspection frequencies and enforcement processes. For example, MSHA must inspect underground mines four times per year and surface mines twice per year. Coverage determines which standards apply, who inspects you, and how citations are contested. Misidentifying coverage can lead to compliance gaps and higher risk. Review agency overviews and MSHA’s inspection guidance to confirm your framework.
How can Downey & Associates assist with workplace safety audits?
Downey & Associates offers comprehensive workplace safety audits to identify potential OSHA and MSHA violations. Our attorneys conduct thorough reviews of safety practices, provide detailed reports, and recommend corrective actions. This proactive approach helps businesses in Denver maintain compliance and protect their workforce. If you're interested in scheduling an audit or need legal advice on safety compliance, please contact us for a consultation.
Additional Information in Denver, CO
- OSHA - Occupational Safety and Health Administration - Enforcement: This page provides an overview of OSHA's enforcement actions, including inspection procedures and penalties for non-compliance, which are critical for businesses to understand in order to maintain a safe working environment.
- MSHA Compliance and Enforcement: Provides essential information on the Mine Safety and Health Administration's (MSHA) compliance and enforcement activities. It covers regulatory standards, inspection procedures, and enforcement actions to ensure the safety and health of miners.
- U.S. Department of Labor - Worker Safety and Health: Provides comprehensive resources on worker safety and health regulations, including guidelines for employers to protect their employees from workplace hazards.
