Health and Safety
Labor and Employment | SafetyWe advise on OSHA compliance, workplace safety programs, safety investigations, and defense of OSHA citations and workplace injury claims.
Overview
Building Safe Workplaces
Workplace safety involves legal obligations and moral imperatives. MC Law's Health and Safety practice helps employers build compliant safety programs and respond effectively to safety issues.
OSHA Compliance
OSHA establishes workplace safety standards. We advise on compliance with general and industry-specific standards, help employers interpret OSHA requirements, and develop compliance programs.
Safety Programs Effective safety programs prevent injuries. We help employers develop comprehensive safety programs, training curricula, and safety management systems. OSHA Inspections OSHA inspections require careful handling. We advise employers during inspections, respond to citation notices, and contest citations through informal conferences and hearings. Accident Response Serious accidents require immediate response. We advise on investigation requirements, reporting obligations, and litigation-protective measures following workplace accidents. Whistleblower Issues OSHA protects employees who raise safety concerns. We advise on compliant treatment of safety complaints and defend against safety-related retaliation claims. COVID-19 and Emerging Issues New health challenges create new compliance obligations. We advise on infectious disease policies, workplace health measures, and emerging safety requirements.Our Services
labor_and_employment
Federal registration and validity opinions
retaliation
Federal registration and validity opinions
employment_litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Employers must provide a workplace free from recognized hazards, comply with OSHA standards applicable to their industry, maintain injury and illness records, display required posters, report severe injuries and fatalities, and refrain from retaliating against employees who raise safety concerns.
OSHA inspections involve an opening conference, walkaround inspection, employee interviews, document review, and closing conference. Employers have the right to accompany inspectors, require a warrant in some circumstances, and respond to citations within required deadlines.
Options include correcting the hazard and paying the penalty, requesting an informal conference with the area director, or contesting the citation before the Occupational Safety and Health Review Commission within 15 working days of receiving the citation.
OSHA requires training for numerous hazards including hazard communication, personal protective equipment, lockout/tagout, confined spaces, fall protection, and many industry-specific standards. Training must be in a language workers understand and documented for compliance.
Effective programs include management leadership commitment, worker participation, hazard identification and assessment, hazard prevention and control, education and training, program evaluation, and continuous improvement. OSHA's recommended practices provide a framework.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
