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On Jan. 9, 2020, the U.S. Court of Appeals for the District of Columbia heard oral argument in BHC Nw. Psychiatric Hosp. LLC v. Sec’y of Labor, a case that asks the court to decide how far the Occupational Safety and Health Administration (OSHA) can go when directing a hospital to put in place measures to protect nurses and other staff members from patient attacks.

The hospital appealed to the D.C. Circuit, challenging an order from the Occupational Safety and Health Review Commission (Commission), in which Chief Judge Covette Rooney found that the hospital breached the OSHA general duty clause because (1) its measures for addressing patient on staff violence were insufficient, and (2) the hospital had not taken feasible measures to materially reduce the recognized hazard.

Click here to read the full GT Alert, “D.C. Circuit to Take on OSHA Authority to Regulate Workplace Violence.”

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Genus Heidary

Genus Heidary focuses much of her practice on environmental, health, and safety-related matters, providing both proactive compliance counseling, as well as strategic advocacy at times of enforcement litigation. She has comprehensive experience counseling clients through major industrial accidents, workplace fatalities, agency inspections, and

Genus Heidary focuses much of her practice on environmental, health, and safety-related matters, providing both proactive compliance counseling, as well as strategic advocacy at times of enforcement litigation. She has comprehensive experience counseling clients through major industrial accidents, workplace fatalities, agency inspections, and crisis management at times of potential toxic releases. Genus works with technical experts and auditors, providing compliance counseling in relation to the development and improvement of environmental, health, and safety programs. Much of this work requires her to take the lead on internal investigations to evaluate litigation risk, as well as compliance readiness. Her portfolio also includes due diligence risk assessments of commercial deal work.

With a background in public policy and years of courtroom experience as a litigator, Genus also represents clients from a broad array of industries – including manufacturing, health care, technology, energy, real estate, and financial services – in challenges to agency rule-makings, supervisory investigations, complex litigation, and class action lawsuits, as well as civil and criminal enforcement actions brought by federal and state regulatory agencies, state attorneys general, and the Department of Justice (DOJ).  Such experience has allowed her to represent clients before agencies including the Department of Labor (DOL), Environmental Protection Agency (EPA), Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Trade Commission (FTC), and the Federal Reserve Board, or related state agencies.

Photo of Michael T. Taylor ‡ Michael T. Taylor ‡

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael has defended scores of employers during enforcement litigation before federal OSHA, Cal-OSHA, SC-OSHA, WA-DOSH, as well as other state plan states. Many of these representations have involved a significant injury, fatality, or catastrophic event in the workplace.

Currently, Michael is providing guidance to employers regarding appropriate engineering, work practices, administrative controls, and personal protective equipment when dealing with COVID-19 in the workplace. Michael also provides OSHA compliance counseling, OSHA inspection counseling, OSHA whistleblower representation, and OSHA due diligence reviews, and CSB investigations for clients.  Michael has wide-ranging experience in the workplace safety field, including his prior public service as General Counsel to the Occupational Safety and Health Review Commission, the federal agency in charge of the trials and appeals of workplace safety and health disputes between federal OSHA and the regulated community. In 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety. A highly committed advocate, Michael’s clients can rely on him to be present and engaged regarding any workplace safety and health issue in any state across the country.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.