Michael Rubin is Chair of the firm’s OSHA and Worksite Safety Practice Group. A certified Construction Health and Safety Technician (CHST), Michael focuses his practice on issues involving occupational safety and health law. He advises and represents employers across multiple industries in connection with OSHA inspections, investigations, and enforcement actions. He has on-the-ground experience managing accident investigations, negotiating for the withdrawal and settlement of citations, contesting citations, and litigating matters before the Occupational Safety & Health Review Commission — including trials and appeals. Michael has completed the OSHA-30 Construction and General Industry training, and regularly counsels employers on safety compliance and best practice strategies for minimizing risk.

Michael is frequently asked to speak about OSHA at various local and national industry events including safety conferences hosted by EHS Today, BLR, American Society of Safety Engineers, and Associated Builders and Contractors. He provides practical insights as the author of a monthly OSHA column for Modern Contractor Solutions and is co-editor of Goldberg Segalla’s OSHA: Legal Developments and Defense Strategies blog. He also serves on the Safety Committee for the Construction Exchange of Buffalo & WNY.

Michael’s recent OSHA experience includes:

  • Representing a recycling company during a months-long, programmed OSHA inspection – negotiated for the withdrawal of multiple violations and a reduction of over 50% in penalties
  • Representing a school in connection with an OSHA investigation related to alleged employee exposure to asbestos – no citations were issued
  • Representing a railroad contractor in connection with an OSHA inspection stemming from an employee being struck by a motor vehicle – no citations were issued
  • Representing a general contractor after an employee suffered a leg amputation – OSHA withdrew the entire citation
  • Successfully filing a Petition for Discretionary Review with the Occupational Safety & Health Review Commission in a fatality case involving a painter and electrical transmission tower

In addition to his OSHA practice, Michael defends owners and contractors through trial in high-exposure construction actions alleging violations of the New York Labor Law — including the “Scaffold Law.” He possesses an AV rating from Martindale-Hubbell and has been recognized as a Super Lawyer in New York state.

Honors
  • AV Preeminent Peer-Review Rating (Martindale-Hubbell)
  • Upstate New York Super Lawyers 2015-2016 (Thomson Reuters)
  • View peer-review methodologies at martindale.com and superlawyers.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
Professional Affiliations 
  • American Bar Association 
    • Occupational Safety and Health Law Committee
  • Associated Builders & Contractors, Inc.
    • WNY Regional Leadership Committee
  • Construction Exchange of Buffalo and WNY
    • Safety Committee
Training/Certifications 
  • CHST (Construction Health and Safety Technician)
  • Department of Labor OSHA-30 Construction Training
  • Department of Labor OSHA-30 General Industry Training 
Admitted to Practice
  • New York
  • New Jersey
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of New York
  • U.S. District Court for the District of New Jersey
Education
  • Seton Hall University School of Law, J.D., 2000
  • University of Delaware, B.A., 1993
Presentations/Publications
  • Presenter, "Utilizing the Unpreventable Employee Misconduct Defense as a Roadmap for Your OSHA Compliance and Safety,” Safety Executives of New York (SENY) Professional Development Conference, New York, NY, March 2017
  • Presenter, “New York Labor Law – Claims and Defenses,” Doral, FL, March 2017
  • Presenter, “Minimizing the Risk of OSHA and New York Labor Law Liability for Roofers – Contract Drafting, Safety Compliance, and Other Considerations,” Buffalo, NY, March 2017
  • Presenter, "The Cost of an Injury and the Value of Using Leading Indicators,” ABC Workforce Week 2017, Fort Lauderdale, FL, March 1, 2017
  • Author, "Does Settling an OSHA Citation Make Good Business Sense?Modern Contractor Solutions, February 2017
  • Author, “Establish a Strong OSHA Defense Before an Inspector Shows Up,” Modern Contractor Solutions, January 2017
  • Presenter, "Your Safety Culture and Compliance: Making and Keeping Safety Resolutions for 2017,” Construction Exchange Safety Services, Buffalo, NY, January 2017
  • Presenter, “The Accident and Investigation,” NYSBA Labor Law Claims, Coverage, and Litigation CLE Seminar, Syracuse, NY, December 2016
  • Presenter, "OSHA and the New York State Industrial Code Rules: Two Sets of Safety Requirements for Contractors in NY,” American Society of Safety Engineers, Buffalo, NY, October 2016 
  • Quoted in "SLC 2016 - OSHA Citations: The Best Defense Is a Good Offense," EHS Today, September 29, 2016
  • Presenter, "Preparing Your Best Defense to an OSHA Citation … Before OSHA Shows Up!” EHS Today Safety Leadership Conference, Pittsburgh, PA, September 2016
  • Presenter, "OSHA’s New Injury and Illness Electronic Reporting Requirements: Your Roadmap to Full Compliance Ahead of the November 1 Deadline,” BLR Webinar, September 2016
  • Author, "Seven Steps to Prevent Construction Defects and Minimize Liability,” The Voice: The Official Magazine of the Construction Users Roundtable, Summer 2016
  • Presenter, "Anatomy of a Construction Defect Case: Claims and Defenses,” Onondaga County Bar Association CLE, July 2016 
  • Presenter, "Construction Defect Claims: Defense Strategies for Contractors," Associated Builders and Contractors, Buffalo, NY, June 2016