Adele Abrams, Esq., ASP,
CMSP, is Senior Counsel in the
Washington, DC, office of Li ler
Mendelson PC, where she is part
of the firm's Occupa onal Safety
and Health group and leads the
na onal MSHA prac ce. Adele
provides OSHA/MSHA case
representa on, training, and
consulta ve services on safety
and employment law.
She can be reached at
safetylawyer@gmail.com or
301-613-7498.
covers Commercial Drivers for hours of
service, safety conditions and more. Some
of these statutes also have up to 180-
day statutes of limitations, and a worker
aggrieved under the OSH Act who blows
that deadline may be able to resurrect their
claim by filing under the transportation
laws, or the Toxic Substances Control
Act, or even the Sarbanes Oxley Act (for
publicly traded companies). Each of these
statutes have variations on the theme of
what relief is available and on deadlines.
Some have caps on damage awards as well.
So when OSHA comes knocking, find
out why they're there, limit the scope of
the on-site inspection where possible,
and be aware of what exposures exist
if a discrimination claim is brought
by OSHA on its own behalf or as a
representative for DOT or the EPA.
Pallet C e nt ral • No vem be r-D e cem be r 2 0 25
45
"Enforcement visits
triggered by hazard
complaints are considered
"unprogrammed"
inspec ons as they
occur regardless
of the employer's
history of viola ons
or injuries/illnesses."
