Gibson, Dunn & Crutcher has one of the nation's largest and most sophisticated occupational safety and health practices.  The practice is led by Baruch A. Fellner, who oversaw all OSHA litigation in the Occupational Safety and Health Review Commission and before the federal courts of appeals for eight years while serving in the Solicitor's Office of the U.S. Department of Labor.

Rulemakings and Regulatory Challenges

We have been on the leading edge of the most important OSHA matters of the last ten years.  Representative matters include:

• Representing the National Association of Manufacturers and over 100 other industry associations and companies in leading the challenge to the federal ergonomics regulation.  We also played a leading role in commenting on the proposed rule and consulted with Congress and leading industry associations as the ergonomics regulation was repealed by legislation.  National Association of Manufacturers v. OSHA, No. 00-1473 (D.C. Cir., filed 11/8/00);
• Challenging a significant OSHA regulation, promulgated on the last day of the Clinton Administration, governing employer records of occupational injuries and illnesses (29 C.F.R. Part 1904).  We reached a settlement with OSHA, resulting in a number of favorable clarifications and interpretations of the new rule.  By its terms, OSHA was required to publish the settlement in the Federal Register (66 Fed. Reg. 66943).  National Association of Manufacturers v. Chao, No. 1:01CV00575 (D.D.C. 2001);
• Playing a leading role in commenting on, suggesting revisions to, and litigating the terms of the proposed California ergonomics regulation.  Pamela L. Hemminger represented the California Chamber of Commerce and others in commenting on the proposed California ergonomics regulation and suggesting revisions and improvements.  Ms. Hemminger then represented California industry in challenging in part and successfully defending in part the final California regulation.  Pulaski v. California Occupational Safety & Health Standards Board, 75 Cal. App. 4th 1315; 90 Cal. Rptr. 2d 54 (Cal. Ct. App. 1999);
• Challenging, as co-counsel for industry, the Washington State ergonomics rule.  Washington Employers Concerned About Regulating Ergonomics (WECARE) v. Department of Labor & Industries, No. 73020-2 (Wash. Sup. Ct.).  Before the Washington Supreme Court could issue a decision, the rule was repealed in a statewide referendum led by our client; and
• Representing the U.S. Chamber of Commerce, National Association of Manufacturers, and eight other leading industry associations in a successful Administrative Procedure Act challenge to one of the largest enforcement programs in OSHA's history, OSHA's