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Workplace Environmental, Health and Safety

Workplace environmental, health and safety (EH&S) requirements under both the U.S. Occupational Safety and Health Administration (OSHA) and state EH&S agencies (e.g., Connecticut OSHA (CONN-OSHA)) requirements are complex, evolving and stringent. For employers, particularly those in industries susceptible to workplace injuries and safety hazards, it is imperative to have an experienced legal team to help navigate the regulatory landscape and to create a safe and healthy work environment. Shipman lawyers assist clients in a variety of industries subject to EH&S requirements, such as aerospace, maritime, consumer products, manufacturing, food and beverage, and healthcare, as well as state and municipal employers subject to state EH&S requirements. With decades of experience, our team is prepared to assist clients in handling various types of hazards, including fall protection, machine shop issues, personal protective equipment (PPE), confined spaces, noise, chemical hazards (e.g., chrome VI, cadmium and beryllium), indoor air quality (e.g., mold, radon, volatile organic compounds), hazardous building materials (e.g., asbestos, lead, PCBs), electrical safety and hazard communication.

Shipman’s approach to representation begins with understanding the EH&S issues and concerns unique to each client’s business or transaction. Our lawyers assist employers in proactive measures such as providing compliance guidance, undertaking privileged third-party compliance assessments/audits, developing EHS management systems/programs and training and fulfilling reporting requirements. We also assist and represent clients in investigations, citations and worker complaints in formal proceedings before OSHA and state EH&S agencies. 

We prioritize good, professional relationships and open channels of communication with regulators to identify realistic opportunities to resolve issues while also properly preparing for adjudication and appeals in the event resolution is not successful. In addition, our team regularly works with local and national EH&S consultants to offer clients a coordinated, comprehensive legal and technical approach. We aim to provide cost-effective responses to the needs of employers and practical solutions to their problems. 

We provide legal advice and representation across the gamut of EH&S matters, including:

  • Compliance Counseling
  • EH&S Transactional Due Diligence
  • Hazards Communication (including labels and safety data sheets)
  • Health and Safety Audits/Assessments
  • Safety Programs and Employee Training
  • Government Agency Inspections and Investigations
  • Retaliation Complaints
  • General Duty Clause Requirements
  • Voluntary Self-Disclosures
  • Enforcement Actions and Litigation (including settlement negotiations)

We prioritize good, professional relationships and open channels of communication with regulators to identify realistic opportunities to resolve issues while also properly preparing for adjudication and appeals in the event resolution is not successful. In addition, our team regularly works with local and national EH&S consultants to offer clients a coordinated, comprehensive legal and technical approach. We aim to provide cost-effective responses to the needs of employers and practical solutions to their problems. 

We provide legal advice and representation across the gamut of EH&S matters, including:

  • Compliance Counseling
  • EH&S Transactional Due Diligence
  • Hazards Communication (including labels and safety data sheets)
  • Health and Safety Audits/Assessments
  • Safety Programs and Employee Training
  • Government Agency Inspections and Investigations
  • Retaliation Complaints
  • General Duty Clause Requirements
  • Voluntary Self-Disclosures
  • Enforcement Actions and Litigation (including settlement negotiations)

Related Practices

  • Environmental
  • Employment and Labor

Related Industries

  • Construction
  • Healthcare
  • Manufacturing
  • Cannabis
  • Education
  • Independent Schools
  • Higher Education

Experience

Environmental

Addressing HVAC dust and particulate concerns at commercial warehouse

Assisted a food and beverage provider in responding to an OSHA inquiry based on employee complaints about indoor air quality concerns posed by dust and particulate levels in a large warehouse space. We assisted in developing a scope of work for a vendor to replace and/or clean parts and minimize potential hazards for building occupants.

Addressing lead-based paint exposure in multi-family residential properties and commercial properties

Advised numerous multi-family building and commercial property owners on OSHA and other federal and state lead-based paint compliance requirements.

Assistance with NIOSH Health Hazard Evaluation of manufacturing workplace illnesses

Assisted an international industrial chemical manufacturer to support its machine manufacturing customer during a Health Hazard Evaluation undertaken by the National Institute for Occupational Safety and Health (NIOSH) for an alleged cluster of workplace illnesses. We engaged leading technical experts and developed and issued a robust series of legal and technical rebuttals to preliminary NIOSH findings/conclusions. Ultimately, NIOSH conceded that it could not demonstrate a causal connection between the reported health concerns and exposure to our client’s product.

Ice Rink Ammonia Hazard Compliance Assessment and Management

Advise several independent schools in New England with ice rinks through hazard risk assessments associated with ammonia refrigerant and helping develop ammonia refrigeration management programs. These efforts have: (1) helped demonstrate compliance with the general duty clause under the federal Clean Air Act; (2) tightened up compliance with “Tier II” reporting obligations required under the federal Emergency Planning and Community Right-to-Know Act; and (3) resulted in better paperwork, procedures and training of rinks/facilities staff for safer operations.
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Insights

Publications

March 25, 2025

New Mexico Approves Medical Psilocybin Bill S.B. 219: A Landmark Move for Psychedelic Medicine

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June 4, 2024

EPA Revamps Risk Management, Hazardous Substance Programs

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Events

April 9, 2025

Understanding Connecticut’s Indoor Air Quality and Heating, Ventilation, and Air Conditioning Legal Requirements under Conn. Gen. Stat. § 10-220 (d) [as revised (2024)] for Connecticut Public Schools

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April 03, 2025

April Developers Forum: Navigating OSHA

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Primary Contacts

Sarah Kettenmann Bio Photo
Sarah Kettenmann

Associate

203.324.8164

skettenmann@goodwin.com
Andrew N. Davis bio photo
Andrew N. Davis

Partner

860.251.5839

adavis@goodwin.com
Alfredo Fernandez bio photo
Alfredo G. Fernández

Partner

860.251.5353

afernandez@goodwin.com
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