Michael Rubin
Partner
Michael Rubin is chair of Goldberg Segalla’s national OSHA and Worksite Safety practice group. A Certified Safety Professional (CSP), Michael focuses his practice on issues involving occupational safety and health law. He advises and represents employers across multiple industries and around the country in connection with OSHA inspections, investigations, and enforcement actions. He also develops and audits safety programs and policies and counsels employers on related risk-management strategies. He has hands-on experience managing accident investigations—including those involving multiple fatalities—and regularly represents employers before, during, and after the OSHA inspection process. Michael regularly contests citations on behalf of employers and negotiates for the withdrawal and/or settlement of citations. With nearly 20 years of litigation experience, Michael is a skilled trial attorney who engages in litigation before the Occupational Safety and Health Review Commission.
Frequently called on to speak on OSHA legal issues at local and national industry events, Michael has presented at safety conferences hosted by EHS Today, BLR, American Society of Safety Professionals, and Associated Builders and Contractors, among others. He also provides practical insights as the author of a monthly OSHA column for Modern Contractor Solutions and serves as co-editor of Goldberg Segalla’s OSHA: Legal Developments and Defense Strategies blog. In addition, Michael often serves as a guest lecturer at Columbia University in the Construction Management Master’s Program.
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.”
Experience Highlights
- Representative Matters
- Represented a general contractor after an employee suffered a leg amputation—OSHA withdrew the entire citation
- Represented a contractor in a fatality matter involving an employee who fell from a height—OSHA re-classified all violations from “serious” to “other-than-serious”
- Represented a roofer cited for multiple “repeat” and “willful” fall protection violations—OSHA withdrew/re-classified all violations and reduced the penalty over 70 percent
- Managed multiple additional OSHA inspections/enforcement proceedings in complex fatality matters involving falling objects, fall protection hazards, and trench cave-ins
With deep and hands-on experience in all phases and aspects of construction, Michael is exceptionally well versed in matters pertaining to the crane and rigging industry, where he focuses a significant portion of his practice. He is a proud member of the Specialized Carriers & Rigging Association (SC&RA), where he serves on the Insurance and Risk Management Committee, and he has presented on OSHA at multiple national crane conferences.
Michael has successfully taken the National Commission for the Certification of Crane Operators (NCCCO) written “telescopic boom” crane operator examinations, in addition to completing OSHA-30s in both construction and general industry. Beyond construction and the crane and rigging industry, Michael has handled OSHA matters involving energy, education, railroads and transportation, recycling and waste management, and various types of manufacturing.
- Representative Matters
- Represented a crane company after a fatal forklift accident—OSHA withdrew the entire citation
- Represented a crane company cited for various hazard communication and inspection violations—OSHA withdrew the entire citation
- Represented a crane company cited for multiple load chart and inspection violations—OSHA withdrew the entire citation
- Represented a crane company cited by OSHA after its crane tipped over—OSHA withdrew the citation
- Representative Matters
- Represented a subcontractor in a matter involving multiple fatalities in a confined space at a power plant—no citations were issued
- Represented a railroad contractor after an employee was struck by a motor vehicle and suffered serious injuries—no citations were issued
- Represented a manufacturer cited for multiple machine guard, lockout/tagout, and PPE violations—negotiated for the withdrawal of multiple violations and a reduction of over 70 percent in penalties
- Represented a manufacturer after an employee suffered serious injuries in a “Butterfly” machine—negotiated for a 45 percent reduction in penalties
- Representative Matters
- Represented a recycling company during a months-long, programmed OSHA inspection—negotiated for the withdrawal of multiple violations and a reduction of over 50 percent in penalties
- Represented a school in an investigation related to alleged asbestos exposure—no citations were issued
- Represented a construction manager in a whistleblower investigation—the complaint was voluntarily discontinued
Honors & Awards
Martindale-Hubbell Peer Review Rating: AV Preeminent
Upstate New York Super Lawyers, 2015–19
Business First‘s Legal Elite of Western New York, 2018
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.
Admissions
- 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
Professional Affiliations
- American Society of Safety Professionals (ASSP)
- Associated Builders & Contractors, Inc. (ABC)
- Construction Exchange of Buffalo and WNY
- Safety Committee
- Education Committee
- Safety Executives of New York (SENY)
- Specialized Carriers & Rigging Association (SC&RA)
- Insurance and Risk Management Committee
Training and Certifications
- Certified Safety Professional (CSP)
- Associate Safety Professional (ASP)
- Construction Health and Safety Technician (CHST)
- OSHA 510: Occupational Safety and Health Standards for the Construction Industry
- Department of Labor OSHA-30 Construction Training
- Department of Labor OSHA-30 General Industry Training
Publications & Events
- Editor, Goldberg Segalla’s OSHA: Legal Developments and Defense Strategies blog: read Michael’s blog posts here
- Quoted in “The New Normal in the Construction Industry,” Planetizen, May 3, 2020
- Quoted in “The New Normal: Eight Ways the Coronavirus Crisis Is Changing Construction,” Construction Dive, April 30, 2020
- “OSHA Guidance for Virus Protection,” American Cranes & Transport, March 29, 2020
- “Safety Resolutions,” (Author), American Cranes & Transport, January 21, 2020
- “Safety Resolutions: Five New Year’s Safety Resolutions for Crane Owners,” American Cranes & Transport, January 2020
- Co-Author, “OSHA and the Roofing Industry: Fall Protection,” Modern Contractor Solutions, August 2019
- Author, “NYC Local Law 196: Coming to a Town or City Near You?” Modern Contractor Solutions, March 2018
- Author, “ASME B30 – Hoisting Your Crane Safety and Compliance Higher,” Modern Contractor Solutions, February 2018
- Author, “OSHA and Hazard Assessments: Electrical Hazards in the Workplace,” Modern Contractor Solutions, January 2018
- Author, “Contesting an OSHA Citation,” Modern Contractor Solutions, December 2017
- Author, “Minimizing OSHA Exposure,” Modern Contractor Solutions, November 2017
- Author, “How Your Voluntary Safety Audits Can Help (or Hurt) When OSHA Shows Up,” Modern Contractor Solutions, October 2017
- Author, “Minimizing OSHA Liability: More Than an Ounce of Protection,” Modern Contractor Solutions, September 2017
- Author, “OSHA and the Trump Administration: The First 200 Days,” Modern Contractor Solutions, August 2017
- Author, “OSHA’s Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?” Modern Contractor Solutions, July 2017
- Author, “OSHA and Owners: Defining and Mitigating Risk on Construction Projects,” The Voice, Summer 2017
- Author, “Preparing for an OSHA Inspection 101,” Modern Contractor Solutions, May 2017
- Author, “OSHA Interviews: Understanding and Exercising Your Rights,” Modern Contractor Solutions, April 2017
- Author, “Congress Overturns OSHA Recordkeeping Rule,” Modern Contractor Solutions, March 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
- Quoted in “SLC 2016 – OSHA Citations: The Best Defense Is a Good Offense,” EHS Today, September 29, 2016
- Author, “Seven Steps to Prevent Construction Defects and Minimize LiabilityThe Voice: The Official Magazine of the Construction Users Roundtable, Summer 2016
- Co-Author, “Construction Defect Claims: A 2016 Update,” Mealey’s Litigation Report: Construction Defects Insurance, June 2016
- Featured in “16 Legal Tips: Handling OSHA Citations the Right Way,” Intelivert, April 2016
- Co-Author, “Groundbreaking OSHA Developments in 2015 to Directly Impact 2016—and Beyond,” IndustryWeek, December 31, 2015
- Author, “OSHA Ups the Ante in U.S. Workplaces,” Buffalo Law Journal, December 4, 2015
- Author, “Demystifying the Process of Contesting an OSHA Citation,” IndustryWeek, July 21, 2015
- Author, “Best Practices Should OSHA Come Knocking,” Buffalo Niagara Partnership Perspectives, February 2, 2015
- Author, “Goliath vs. David: Defending the FDIC’s Aggressive Claims Against Counsel to Failed Banks,” Professional Liability Defense Federation Annual Meeting, September 2014
- Author, “Exploring the Limits of OSHA’s Inspection Authority: A Precursor to Exercising Your Rights,” IndustryWeek, April 4, 2014
- Author, “Minimizing OSHA Liability Through (More Than) an Ounce of Prevention,” IndustryWeek, February 10, 2014
- Author, “Litigating the Products Liability Case: Law and Practice—Discovery,” New York State Bar Association CLE Seminar, October 2013
- Author, “When OSHA Comes Knocking: Now What?” Progress! Under Construction, Vol. 2, No. 1, April 2013
- Presenter, “Let B30 Work for You: Defend Against Personal Injury Actions,” SC&RA Crane & Rigging Workshop, September 16-17, 2020
- Presenter, “OSHA’s in the Lobby, What Do You Do Now?,” Starr Safety Safety Day, August 4, 2020
- Presenter, “Workplace Violence: The Risks, The Costs And How to Protect Your Employees and Your Company,” Lockton Law Day, Denver, CO, February 13, 2020
- Presenter, “OSHA Update 2019 – The Legal Perspective,” 5th Annual Genesee Valley & Finger Lakes Region EHS Professional Development Conference, Rochester, NY, December 4, 2019
- Presenter, “OSHA’s at the Door – Now What?” 5th Annual Genesee Valley & Finger Lakes Region EHS Professional Development Conference, Rochester, NY, December 4, 2019
- Presenter, “Analyzing OSHA’s Health Standards – What Employers Need to Know and Most Often Get Wrong,” 5th Annual Genesee Valley & Finger Lakes Region EHS Professional Development Conference, Rochester, NY, December 4, 2019
- Presenter, “Life in the Slow Lane – Cranes, Powered Industrial Trucks, and More,” 5th Annual Genesee Valley & Finger Lakes Region EHS Professional Development Conference, Rochester, NY, December 4, 2019
- Presenter, “OSHA and Implications to the Underlying Civil Claim,” Atlanta, GA, November 20, 2019
- Presenter, “Legal Considerations for Safety Professionals: More than Safety?” Safety Executives of New York (SENY), New York, NY, November 8, 2019
- Presenter, “OSHA Lessons Learned and Risk Management Strategies,” Chicago, IL, November 7, 2019
- Presenter, “Fine Line Distinctions that Can Make the Difference between Winning and Losing,” American Industrial Hygiene Association, Rochester, NY, October 23, 2019
- Presenter, “Fundamentals of NY Construction Law,” Columbia University, New York, NY, September 25, 2019
- Presenter, “Cal-OSHA’s requirements for an Injury and Illness Prevention Program,” EmployBridge Legal Seminar, San Diego, CA, September 18, 2019
- Presenter, “OSHA’s Low Hanging Fruit,” EmployBridge Legal Seminar, San Diego, CA, September 18, 2019
- Presenter, “Conducting an Effective Accident Investigation,” EmployBridge Legal Seminar, San Diego, CA, September 18, 2019
- Presenter, “How to Proactively Defend Against Employee Misconduct,” EmployBridge Legal Seminar, San Diego, CA, September 18, 2019
- Presenter, “Practical Tips from an Attorney on How to Boost Your OSHA Compliance,” Presenter for Specialized Carriers & Rigging Association, August 21, 2019
- Presenter, “Handling Crane Claims: Risks, Legal Principles, Investigation, and Defenses,” New York, NY, July 23, 2019
- Presenter, “OSHA Update 2019,” Construction Users Roundtable (CURT) Safety Summit, Salt Lake City, UT, June 12, 2019
- Presenter, “Managing an OSHA Inspection – How to Assert Your Rights in the Field,” DiVal 2019 Safety Summit, Niagara Falls, NY, June 5, 2019
- Presenter, “Understanding the OSHA Recordkeeping Regulations,” DiVal 2019 Safety Summit, Niagara Falls, NY, June 4, 2019
- Presenter, “Addressing the OSHA ‘Low Hanging Fruit’ in Manufacturing – What You Need to Know,” DiVal 2019 Safety Summit, Niagara Falls, NY, June 4, 2019
- Presenter, “Crane Accidents: Risks, Claims, and Defense Strategies,” Morristown, NJ, May 15, 2019
- Presenter, “Minimizing and Eliminating Exposure – Proactively Establishing the Recalcitrant Worker Defense to a Labor Law 240(1) Claim and the Unpreventable Employee Misconduct Defense to an OSHA Citation,” Associated Builders and Contractors, Ellicottville, NY, May 2, 2019
- Presenter, “OSHA Top Ten Tips,” Professional Abatement Contractors of New York (PACNY), Verona, NY, February 27, 2019
- Presenter, “OSHA Top Ten Tips – Minimize and Eliminate Exposure,” Arcade, NY, January 7, 2019
- Presenter, “OSHA Interviews and Depositions—What You Need to Know,” Annual Genesee Valley and Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 5, 2018
- Presenter, “Conducting a Rapid Response Accident Investigation—Considerations for Counsel and Safety Professionals,” Annual Genesee Valley and Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 5, 2018
- Presenter, “Unpreventable Employee Misconduct—Exploring this Defense to an OSHA Citation, and How to Avoid Having to Raise It,” Annual Genesee Valley and Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 5, 2018
- Presenter, “Managing an OSHA Inspection—Lessons Learned in the Field,” Annual Genesee Valley and Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 5, 2018
- Presenter, “Fundamentals of NY Construction Law,” Columbia University Construction Administration Program, New York, NY, October 9, 2018
- Presenter, “An Attorney’s Point of View: Playing Offense with OSHA,” Specialized Carriers & Rigging Association 2018 Crane & Rigging Workshop, Louisville, KY, September 27, 2018
- Presenter, “Overview of Construction Law: From Bid to Closeout,” Onondaga County Bar Association, Syracuse, NY, September 6, 2018
- Presenter, “OSHA Best Practices,” Boston, MA, June 26, 2018
- Presenter, “OSHA Update and Minimizing Contractual Risks,” Tower Cranes North America Conference & Reception, Miami, FL, June 19, 2018
- Presenter, “How to Prepare for and Manage an OSHA Inspection,” DiVal 2018 Safety Summit, Niagara Falls, NY, June 13, 2018
- Presenter, “Preventing Construction’s Fatal Four Hazards,” DiVal 2018 Safety Summit, Niagara Falls, NY, June 12, 2018
- Presenter, “Accident Investigations: Understanding How to Conduct a Timely and Preserved Investigation,” Safety Executives of New York, New York, NY, May 18, 2018
- Presenter, “Safety First – A Primer on the New OSHA Regulations,” 2018 DRI Construction Law Seminar, Nashville, TN, April 27, 2018
- Presenter, “Fall Protection: Complying with New Requirements for General Industry Under OSHA and ANSI Z359,” BLR 2018 Safety Summit, Orlando, FL, April 17, 2018
- Presenter, “Recordkeeping: Navigating OSHA’s Requirements,” BLR 2018 Safety Summit, Orlando, FL, April 16, 2018
- Presenter, “Best Practices for Conducting a Rapid Response Investigation and Managing an OSHA Inspection,” Construction Users Roundtable (CURT) 2018 Spring Safety Summit, Cincinnati, OH, April 11, 2018
- Presenter, “New 2018 Safety Training Requirements: Local Law 196,” GS Construction Series, March 15, 2018
- Presenter, “NY Construction Accidents: The Interplay of Workers’ Compensation Claims, Third-Party Claims, the New York Labor Law, Risk Shifting, and OSHA,” Columbia University Construction Safety Presentation, New York City, February 20, 2018
- Presenter, “Construction—What’s Trending in 2018: A Tool Box for Successfully Developing and Safely Completing Construction Projects in the New Year,” GS Construction Series, January 18, 2018
- Presenter, “2017 OSHA Year in Review,” Genesee Valley/Finger Lakes Region EH&S Professional Development Conference, Rochester, NY, December 6, 2017
- Presenter, “OSHA and The Trump Administration: The First 200 Days,” November 1, 2017
- Presenter, “OSHA Mid-Year Report: the Impact of the Trump Administration and What to Expect Looking Ahead,” DiVal 2017 Safety Summit, Niagara Falls, NY, June 7, 2017
- Presenter, “How to Stay in Compliance with OSHA’s New Injury Tracking Rule: Incentive Programs, Post-Accident Drug and Alcohol Testing, and a Whole Lot More!” DiVal 2017 Safety Summit, Niagara Falls, NY, June 6, 2017
- Presenter, “OSHA Training: To Record or Not to Record (Occupational Injuries and Illnesses),” DiVal 2017 Safety Summit, Niagara Falls, NY, June 5, 2017
- Presenter, “OSHA Electronic Recordkeeping and Anti-Retaliation Rules,” Associated Builders and Contractors, Rochester, NY, April 19, 2017
- Presenter, “OSHA and the Construction Industry: What Employers Need to Know,” Associated Builders and Contractors, Buffalo, NY, April 18, 2017
- Presenter, “OSHA Update 2017: Electronic Injury and Illness Reporting, Anti-Retaliation (… and more),” Construction Users Roundtable (CURT) 2017 Spring Safety Summit, Cincinnati, OH, April 12, 2017
- Presenter, “First Aid or More? How to Comply with Injury & Illness Reporting to Ensure that Medical Treatment Is Properly Categorized and Accounted for in OSHA Filings,” BLR 2017 Safety Summit, Austin, TX, April 5, 2017
- Presenter, “From Zero to Hero – OSHA-Compliant Safety Incentives that Work,” BLR 2017 Safety Summit, Austin, TX, April 4, 2017
- Presenter, “OSHA Update 2017: the Trump Administration, New Regulations, and What You Need to Know,” Associated Builders and Contractors, Syracuse, NY, March 30, 2017
- 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
- 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
- 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
- Presenter, “Legal Considerations for Safety Professionals: More than Safety?” American Society of Safety Engineers Professional Development Conference, Skaneateles, NY, June 2016
- Presenter, “OSHA 2016 Regulatory Update: Cranes, Confined Spaces, Silica (… and more),” Construction Users Roundtable (CURT) 2016 Spring Safety Summit, Cincinnati, OH, April 2016
- Presenter, “Best Practices on OSHA – Before, During, and After an Inspection,” Associated Builders and Contractors, Syracuse, NY, September 2015
- Presenter, “OSHA Training: Recording and Reporting Occupational Injuries and Illnesses,” Montvale, NJ, July 2015
- Presenter, “Understanding OSHA: Practice Pointers for Inspections and Citations,” Associated Builders and Contractors, Buffalo, NY, September 2014
- Presenter, “The Affordable Care Act and Employment Law Update 2014,” Onondaga County Bar Association CLE, Syracuse, NY, July 2014
- Presenter, “OSHA Training: Confronting an Inspection and Strategies for Minimizing Risk and Responding to Citations,” Home Builders & Remodelers of Central New York, March 25, 2014
- Presenter, “Warranties and Contracts for New Home Construction in New York,” Home Builders & Remodelers of Central New York, November 2013
- Presenter, “The OSHA Are Coming … The OSHA Are Coming …” Labor and Employment Update Seminar, Buffalo, NY, June 2013
- Presenter, “Collateral Source Reductions Under CPLR & 4545 and Set Offs Under General Obligations Law & 15-108,” NYSBA Basics of Trial Practice After the Verdict CLE Seminar, Albany, NY, April 2013
- Presenter, “Trends in OSHA Enforcement—The Regulations, Workplace Inspections, and Responding to Citations,” Onondaga County Bar Association CLE, January 2013
- Presenter, “Accident Scene Investigations,” New York State Bar Association Law School for Insurance Professionals, September 2012
- Presenter, “Construction Accidents: Labor Law & 240, Conducting a Proper Accident Investigation, and Risk Management,” Rochester, NY, July 2012
- Presenter, “New York Construction Accidents – Labor Law Update 2012,” Onondaga County Bar Association CLE, Syracuse, NY, May 2012
- Presenter, “NY Construction Site Accident Update: Labor Law Section 240, Indemnity Agreements and Insurance,” Associated Builders and Contractors, October 2011
- Presenter, “Contract Drafting for Construction Projects,” Cazenovia College, April 2011
- “OSHA and COVID-19: Enforcement Update, Exposure Control Plans, and PPE” (Co-Presenter), GS Webinar Series, August 20, 2020
- “Construction Worksite Liability in the Age of COVID-19” (Co-Presenter), GS Webinar Series, May 20, 2020
- “OSHA 2019 Year in Review and What to Expect for 2020,” GS Construction Webinar Series, January 16, 2020
- “OSHA 2019 Mid-Year Update: What Employers Need to Know,” GS Construction Webinar Series, July 31, 2019
- “CAL-OSHA Update: Exploring CAL-OSHA’s Stricter Standards and Strategies for Compliance,” GS Construction Webinar Series, March 7, 2019
- “OSHA and the Crane and Rigging Industry: Minimize and Eliminate Exposure During Inspections,” NBIS Webinar, January 30, 2019
- “OSHA Rapid Response,” Construction Webinar, November 1, 2018
- “Overview of New Safety Training Requirements for NYC Construction,” Construction Webinar, March 15, 2018
- “What’s Trending in 2018,” Construction Webinar, January 19, 2018
- “OSHA TOPIC,” Construction Webinar, October 12, 2017
Recent Insights
Michael Rubin in Construction Dive: “Eight Ways the Coronavirus Crisis Is Changing Construction”
April 30, 2020
Michael Rubin Discusses 2020 Safety Resolutions
January 24, 2020
Five New Year’s Safety Resolutions for Crane Owners
January 8, 2020