Adams and Reese Partner and Construction Team Co-Leader Trent Cotney had his article “OSHA, Ethics, and Attorney-Client Privilege” published in RoofersCoffeeShop, a news source for roofing contractors.
Cotney discusses OSHA citations and how businesses can respond if they receive a violation notice. He points out best practices for employers, attorney-client privilege issues and attorney work product, and how legal counsel can help navigate and assert employers’ rights while also assuring compliance and cooperation.
Cotney on best practices: "It is critical that employers respond to OSHA citations. They must promptly review the safety issues that OSHA has identified and develop an action plan to abate the deficiencies. Such a plan can involve repairing machinery, eliminating onsite hazards and offering additional employee training. Failure to take meaningful action can lead to additional citations ... and press releases that can do significant damage to a company’s reputation. Both the fines and the public relations hit can be devastating for a business."
Cotney continues: "When it comes to OSHA compliance and managing the fallout after an OSHA inspection, attorneys and employers should see themselves as valued partners. ... In collaboration, attorneys and their clients can devise reasonable and attainable plans to create safe and healthy work environments where both employees and companies can thrive."
A Partner in the Adams and Reese Tampa office, Cotney is a board-certified construction lawyer licensed in eight states and Washington, D.C. In construction litigation and arbitration, he represents construction and infrastructure clients, including general contractors, subcontractors, suppliers, manufacturers, architects, engineers, roofers, developers, and other professionals. He is an EU arbitrator for construction-related disputes.
Cotney focuses his practice on all aspects of construction litigation and arbitration, including OSHA defense, lien law, bond law, bid protests, and construction document review and drafting.