SUCCESS STORY

A Successful Appeal of OSHA Jobsite Violations

SFE Attorney: Ryan McLellan

Plaintiff Attorney: None

City, Co., State: Eugene, Oregon, Lane County

Claims: OSHA Violations

The Overview

Smith Freed & Eberhard Partner, Ryan McLellan was retained to contest and appeal several Occupational Safety and Health Administration (OSHA) citations given to his client. Ryan was successful in getting the citations withdrawn.

The Background (Theme):

The several occupational safety and health administration (OSHA) violations received were inappropriately given to Ryan’s client. Ryan represented a construction manager who was overseeing a project on a dam in Oregon. One of the client’s primary responsibilities was setting a safety plan for the project and supervising workers’ safety on the project. Shortly after the project began, disgruntled union ironworkers contacted OSHA and requested that an OSHA investigator come to the jobsite to investigate several alleged violations.  As a result of the inspection, the OSHA investigator cited Ryan’s client for several unclear and questionable violations.

The Strategy

Before filing the appeal, Ryan interviewed several relevant parties regarding the safety of the project site and the alleged violations. He also researched the specific OSHA violations and the OSHA guidelines for citing the construction manager.  After Ryan’s investigation, he wrote an appeal letter requesting a hearing to contest the citations. That letter provided a detailed explanation as to why the OSHA citations should be withdrawn.

The Outcome

Shortly after receiving the letter and even before the hearing could be scheduled, OSHA withdrew their citations. This was a critical win for Ryan’s client because the citations could have had a significant impact on the client’s ability to work on future projects.

If you have any questions regarding appealing OSHA citations, please do not hesitate to contact Ryan McLellan at [email protected]

Read More
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Narmina Sharifova
Success Story Automotive Defense General Litigation ORS 20.080 Attorney Fee Personal Lines Taking a Case to Trial During COVID-19 Wednesday September 22, 2021 By: Gordon Klug
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Firm Authorship
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Automotive Defense General Litigation Motorist Minor Impact Personal Lines The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage Tuesday August 11, 2020 By: Jessica Kamish
Success Story Commercial Liability Defense Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Safe Harbor Letter Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Case of the Mysterious Torn Medial Meniscus Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Hit and Run Dismissed Friday December 20, 2019 By: Firm Authorship
Let’s talk

Tell us about your legal challenge.
Then we’ll tell you how we can help.