Criminal defense lawyers serving: Stanislaus, Sonoma, Tuolumne, Merced, San Joaquin Counties - and Federal Courts in Sacramento and Fresno

Cal-OSHA Violation Defense

Safety Violations OSHA
McAllister and McAllister
is unique in representing companies and individuals who are charged with violations of the worker safety regulations.  With ever-greater oversight authority, OSHA investigates reports of workers injured on the job.  What few realize is that these investigations can lead to criminal prosecutions against the company, its managers and executives, or both.  Unfortunately, lawyers who do not regularly represent clients fighting OSHA allegations are also often blindsided by criminal charges being filed.

A regular portion of Kirk McAllister’s practice is devoted to defending against these charges.  He handles both the administrative OSHA citation process and, if necessary, the criminal case filed in court.  He has won  acquittals when trying such a case before a jury.

For example, he defended the Hershey Chocolate Company  against  felony criminal charges brought  by Cal OSHA resulting from a tragic accident in which a worker ‘s arm was cut off.  He was able to get the charges dismissed in their entirety (See Modesto Bee article etc)

Mr. McAllister has also defended cases brought by the Department of Pesticide Regulation.

“The secret to successfully defending these cases is early involvement by the lawyer and an aggressive defense.  A thorough defense investigation is critical—the biggest mistake you can make is assuming that the government will conduct a fair, complete investigation.  You must always remember  that  you are dealing with regulators who often see only crimes, not accidents”, says Kirk McAllister.


Following the deaths of several field workers from dehydration, Cal OSHA has stepped up its enforcement of the rules relating to heat illness prevention.  Employers are  well advised to familiarize themselves with these rules and conduct regular training regarding heat illness prevention (see California Administrative Code, section 3395(f), “Training”).

Cal OSHA has excellent materials available, both in English and Spanish.  Go to  Of particular interest to employers are the “trainer’s guide” and the ”supervisor’s daily checklist”.

Kirk McAllister, Esq. - Criminal Defense Attorney Serving Stanislaus, Tuolumne, Sonoma, San Joaquin Counties and Federal Courts in Sacramento and Fresno.