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 employers across multiple industries regarding OSHA inspections, investigations, and enforcement actions.

He has on-the-ground experience investigating catastrophic accidents and events, negotiating for the withdrawal of citations, formally 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 best practice strategies for minimizing future risk and enhancing worker safety.

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.

In addition to his OSHA practice, Michael defends owners and contractors through trial in high-exposure construction actions alleging violations of 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 in 2015 and 2016.

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 
  • Claims and Litigation Management Alliance (CLM)
  • American Bar Association 
    • Occupational Safety and Health Law Committee
  • Associated Builders & Contractors, Inc.
    • WNY Regional Leadership Committee
    • Membership 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-10 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
  • 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 
  • 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