Managing OSHA

Critical but practical advice for when OSHA comes knocking.

Managing OSHA

Alexandra M. Romero

Alexandra M. Romero
Associate
Washington, DC
202.828.3469

Alexandra Romero is an associate within the Labor & Employment and OSHA groups and focuses her practice on representing employers in all aspects of the Occupational Safety and Health Act and state and federal employment laws. She has represented clients in numerous industries during agency proceedings, proposed rulemakings, mediations, arbitrations, and all phases of state and federal court litigation. This representation includes counseling clients regarding compliance with OSHA standards and regulations, investigating workplace incidents, contesting OSHA citations, defending employers in OSHA enforcement actions, and engaging in regulatory advocacy. In addition, Alexandra is well-versed in the areas of Title VII, ADA/FMLA compliance and medical leave issues, enforcement of non-competes and other restrictive covenants, federal and state wage and hour laws, WARN Act compliance, ADEA/OWBPA compliance, state and federal public accommodations laws, and traditional labor matters. Her experience includes civil trials, arguing dispositive motions, defending depositions and agency witness interviews, drafting public comments in response to agency rulemakings, drafting dispositive motions and other key pleadings, negotiating settlements, and conducting regular and expedited discovery.

 

Blog Posts by Alexandra M. Romero

Rulemaking
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The Big Freeze: Trump Administration Halts Key DOL and OSHA Rulemaking Activities

In one of the Trump administration’s first official acts, White House Chief of Staff Reince Priebus issued a memorandum on January 20, 2017 implementing an immediate freeze on all pending regulations until they have been reviewed and further action has been approved by President Trump’s new agency heads. Regulatory freezes during a change in administration are not uncommon, and President Obama issued a virtually identical memorandum upon taking office in 2009. However, the Trump administration’s directive takes on additional significance, as it appears to be the symbolic start of President Trump’s efforts to make good on his campaign promise of eliminating what he has characterized as overly-burdensome regulations. It also marks his first steps toward rolling back key components of President Obama’s regulatory agenda, including a number of labor and employment initiatives put in place by the Department of Labor and the Occupational

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Significant Legal Decisions
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Second Federal Appeals Court Rejects OSHA’s Efforts to Evade OSH Act Statute of Limitations by Alleging Continuing Violation

On December 29, 2016, a three-judge panel from the US Court of Appeals for the Fifth Circuit unanimously vacated two OSHA citation items issued to a Delek Refining Ltd. (“Delek”) facility for alleged safety violations that occurred years prior to its ownership of the refinery. The decision is a significant victory for employers because it marks the second time that a federal appeals court has rejected OSHA’s attempt to allege the existence of a “continuing violation” that suspends the six-month statute of limitations contained in the OSH Act.
 

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California Approves First-In-The-Nation Regulation Specifically Addressing the Threat of Workplace Violence in Healthcare Facilities

Recently, the California Division of Occupational Safety & Health Standards Board approved a new safety standard designed to provide comprehensive regulatory protections for workers exposed to workplace violence in healthcare settings. The standard, which was sponsored by several labor unions, will require covered healthcare providers to develop workplace violence prevention plans, training programs, and recordkeeping procedures to track certain incidents of workplace violence. 
 

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