The construction industry remains one of the most heavily regulated fields in the United States. Employers must carefully comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.). Safety obligations extend to training, hazard prevention, accident response, and recordkeeping. When violations, injuries, or fatalities occur, employers may face extensive OSHA enforcement actions, steep penalties, and reputational damage.
As a Florida Construction Lawyer with substantial experience in workplace safety matters, Attorney Gary L. Brown provides comprehensive OSHA defense, consultation, and representation to construction professionals, contractors, property owners, and employers nationwide. His firm assists clients throughout all phases of OSHA compliance and enforcement, from proactive safety planning to administrative litigation before the Occupational Safety and Health Review Commission.
Gary L. Brown and his firm counsel both public and private sector clients in every aspect of workplace safety. The firm assists employers in designing, implementing, and updating OSHA-compliant safety programs tailored specifically to construction environments. This includes advising on federal OSHA regulations contained in 29 C.F.R. Parts 1904, 1910, and 1926.
Through proactive compliance, employers demonstrate good faith efforts to prevent injuries (and reduce liability exposure), which assists in the defense of OSHA citations and enforcement actions. It also sends a clear message to employees that the organization places an emphasis on employee wellbeing and safety compliance.
An OSHA inspection can occur with little or no warning, often following an accident, complaint, referral, or programmed inspection. Attorney Gary L. Brown advises clients before, during, and after OSHA inspections to ensure that employers understand their rights and obligations. This includes preparing for document requests, attending opening and closing conferences, assisting with employee interviews, and guiding clients on appropriate responses to inspection findings.
OSHA investigations may involve complex construction-industry hazards, including fall protection, scaffolding, excavation, electrical systems, noise and heat exposure, chemical hazards, and confined spaces. Mr. Brown’s extensive experience enables him to analyze OSHA’s findings, identify factual or regulatory errors, and challenge assumptions that could result in unwarranted citations or excessive penalties.
When OSHA issues citations, employers have only 15 working days to file a notice of contest under 29 C.F.R. § 1903.17. Gary L. Brown and his Construction Practice Group guide clients through the contest process, including hearings, discovery, negotiation, and administrative litigation before an Administrative Law Judge of the Occupational Safety and Health Review Commission.
The firm frequently challenges:
The goal is always to protect clients from unwarranted citations, reduce or eliminate penalties, and safeguard the client’s reputation and future business opportunities.
Attorney Gary L. Brown has achieved numerous successful outcomes for clients facing OSHA inspections, citations, and investigations, including matters involving fatalities and serious injuries. His results demonstrate the firm’s ability to strategically navigate complex legal, regulatory, and factual issues in high-stakes OSHA cases.
Complete Withdrawal of OSHA Citations on High-Rise Construction Project
Successfully obtained complete withdrawal of OSHA serious citations issued to a general contractor on a high-rise condominium project in South Florida following injuries to a subcontractor’s employee and a notice of contest. After significant litigation, Mr. Brown demonstrated that the general contractor had implemented appropriate safety protocols and that the incident was unavoidable.
Favorable Re-classification Following Fatality in South Florida
Successfully resolved OSHA citations for a South Florida property owner involving an alleged serious safety violation following a workplace fatality. The violation was reclassified to “other than serious,” and penalties were reduced.
OSHA Defense for Heavy Civil Contractor in Texas
Represented a heavy civil contractor facing OSHA citations for alleged serious violations following serious injuries to two employees. Mr. Brown secured a reclassification of the alleged violations to “other than serious” and obtained the withdrawal of one citation entirely.
No Citations in Fatality Investigation of Large General Contractor
Successfully defended a large general contractor in a South Florida fatality investigation, resulting in OSHA issuing no citations against the contractor.
Significant Reduction of Penalties in New York Fatality Case
Favorably resolved OSHA citation for a subcontractor whose employee was involved in a fatality on a New York project, obtaining a reduced penalty.
No Citations for National Trucking Company in Severe Injury Case
Successfully represented a national trucking company in North Florida following an investigation involving an employee who suffered severe burns during a vehicle repair. The investigation concluded with no citations issued against the company.
These results reflect not only the firm’s command of OSHA regulations but also its ability to present compelling factual and legal defenses that withstand regulatory scrutiny.
Following issuance of a citation, employers must address abatement requirements under 29 C.F.R. § 1903.19. The firm assists employers in developing abatement strategies, documenting corrective actions, and ensuring compliance with OSHA regulations. When necessary, the firm can assist employers pursue variances under 29 C.F.R. § 1905.11 when immediate abatement is technically infeasible.
Preventive safety programs not only reduce injury risk but also demonstrate good faith compliance—a factor OSHA considers when assessing penalties. The firm partners with outside safety consultants who provide customized safety training consistent with 29 C.F.R. § 1926.21, including fall protection, hazard communication, confined space entry, trenching, heat hazards, lockout/tagout, and emergency procedures. Comprehensive site audits help employers identify potential hazards before they trigger enforcement actions and can assist in the defense of such actions if brought by OSHA.
Workplace fatalities and catastrophic injuries require immediate reporting under 29 C.F.R. § 1904.39 and often result in intense OSHA scrutiny. Gary L. Brown provides immediate legal guidance following serious incidents, assisting clients with reporting obligations, evidence preservation, investigator communication, and regulatory strategy. His background in construction litigation and incident response enables him to protect employers during the most challenging circumstances.
OSHA disputes are resolved through administrative litigation before the Occupational Safety and Health Review Commission. Mr. Brown represents clients in all phases of these proceedings, including pre-hearing motions, discovery, trial, and appeal. He draws upon deep industry knowledge and legal experience to challenge the government’s evidence, examine witnesses, and develop defenses grounded in statutory interpretation, regulatory history, and industry practice.
For nearly three decades, Gary L. Brown has been recognized as a trusted legal advocate for Florida’s contractors, developers, builders, and construction managers. His OSHA practice complements his extensive work as a Florida Construction Lawyer, allowing him to offer comprehensive legal support to clients across the construction sector. His understanding of project management, subcontractor relationships, safety oversight, and regulatory compliance enables him to provide legal guidance that is both practical and effective.
OSHA compliance is essential to protecting workers, avoiding liability, and maintaining successful construction operations. When inspections, citations, accidents, or fatalities occur, skilled legal representation is critical. Gary L. Brown provides strategic, informed, and results-oriented OSHA representation to employers across Florida and the nation.
If you need a seasoned Florida Construction Lawyer or experienced OSHA attorney, contact Gary L. Brown, partner and chair of the Construction Law Division of Kelley Kronenberg, P.A., to protect your business and your rights.