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Michael Rubin
About Michael
Biography
Michael Rubin is chair of Goldberg Segalla's 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 nationwide in connection with OSHA inspections, investigations, and enforcement actions. He has on-the-ground experience managing accident investigations (including multiple fatality 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 also devotes a significant portion of his practice to the crane and rigging industry.
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.
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in North Carolina for 2 years
State: North Carolina
Acquired: 2023
No misconduct found
Licensed in New York for 24 years
State: New York
Acquired: 2001
No misconduct found
Licensed in New Jersey for 25 years
State: New Jersey
Acquired: 2001
No misconduct found
Licensed in Massachusetts for 20 years
State: Massachusetts
Acquired: 2005
No misconduct found
Location
Goldberg Segalla LLP
665 Main St Ste 400, Buffalo, NY, 14203-1425
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Experience
Honors
2018
Legal Elite of Western New York, Business First
N/A
AV Preeminent Peer-Review Rating, Martindale-Hubbell
N/A
Super Lawyer, 2015–17, Upstate New York Super Lawyers
Work Experience
2010 - Present
Partner, Goldberg Segalla
Associations
American Bar Association
Member
New York State Bar Association
Member
Associated Builders & Contractors, Inc., WNY Regional Leadership Committee
Member
Construction Exchange of Buffalo and WNY, Safety Committee
Member
Specialized Carriers and Rigging Association
Member
Safety Executives of New York
Member
Epilepsy Association of WNY
Board Member
Education
2000
Seton Hall University School of Law
JD - Juris Doctor
1993
University of Delaware
BA - Bachelor of Arts
Speaking Engagements
2018
GS Construction Series
Co-Presenter, "Construction — What's Trending in 2018: A Tool Box for Successfully Developing and Safely Completing Construction Projects in the New Year"
2018
GS Construction Series
Co-Presenter, "New 2018 Safety Training Requirements: Local Law 196"
2018
Construction Users Roundtable (CURT) 2018 Spring Safety Summit, Cincinnati, OH
“Best Practices for Conducting a Rapid Response Investigation and Managing an OSHA Inspection"
2018
Columbia University Construction Safety Presentation, New York City
"NY Construction Accidents: The Interplay of Workers' Compensation Claims, Third-Party Claims, the New York Labor Law, Risk Shifting, and OSHA"
2018
BLR 2018 Safety Summit, Orlando, FL
“Recordkeeping: Navigating OSHA’s Requirements"
2018
BLR 2018 Safety Summit, Orlando, FL
“Fall Protection: Complying with New Requirements for General Industry Under OSHA and ANSI Z359"
2017
Unknown
"OSHA and The Trump Administration: The First 200 Days"
2017
Safety Executives of New York (SENY) Professional Development Conference, New York, NY
"Utilizing the Unpreventable Employee Misconduct Defense as a Roadmap for Your OSHA Compliance and Safety"
2017
Genesee Valley/Finger Lakes Region EH&S Professional Development Conference, Rochester, NY
"2017 OSHA Year in Review"
2017
Doral, FL
“New York Labor Law – Claims and Defenses"
2017
DiVal 2017 Safety Summit, Niagara Falls, NY
"OSHA Training: To Record or Not to Record (Occupational Injuries and Illnesses)"
2017
DiVal 2017 Safety Summit, Niagara Falls, NY
"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!"
2017
DiVal 2017 Safety Summit, Niagara Falls, NY
"OSHA Mid-Year Report: the Impact of the Trump Administration and What to Expect Looking Ahead"
2017
Construction Users Roundtable (CURT) 2017 Spring Safety Summit, Cincinnati, OH
“OSHA Update 2017: Electronic Injury and Illness Reporting, Anti-Retaliation (... and more)"
2017
Construction Exchange Safety Services, Buffalo, NY
"Your Safety Culture and Compliance: Making and Keeping Safety Resolutions for 2017"
2017
Buffalo, NY
“Minimizing the Risk of OSHA and New York Labor Law Liability for Roofers – Contract Drafting, Safety Compliance, and Other Considerations"
2017
BLR 2017 Safety Summit, Austin, TX
“From Zero to Hero – OSHA-Compliant Safety Incentives that Work"
2017
BLR 2017 Safety Summit, Austin, TX
“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"
2017
Associated Builders and Contractors, Syracuse, NY
"OSHA Update 2017: the Trump Administration, New Regulations, and What You Need to Know"
2017
Associated Builders and Contractors, Rochester, NY
"OSHA Electronic Recordkeeping and Anti-Retaliation Rules"
2017
Associated Builders and Contractors, Buffalo, NY
"OSHA and the Construction Industry: What Employers Need to Know"
2017
ABC Workforce Week 2017, Fort Lauderdale, FL
"The Cost of an Injury and the Value of Using Leading Indicators"
2016
Onondaga County Bar Association CLE
"Anatomy of a Construction Defect Case: Claims and Defenses"
2016
EHS Today Safety Leadership Conference, Pittsburgh, PA
"Preparing Your Best Defense to an OSHA Citation … Before OSHA Shows Up!"
2016
Construction Users Roundtable (CURT) 2016 Spring Safety Summit, Cincinnati, OH
“OSHA 2016 Regulatory Update: Cranes, Confined Spaces, Silica (... and more)"
2016
BLR Webinar
"OSHA’s New Injury and Illness Electronic Reporting Requirements: Your Roadmap to Full Compliance Ahead of the November 1 Deadline"
2016
Associated Builders and Contractors, Rochester, NY
"Building Your Best OSHA Defenses – Now – Before OSHA Shows Up"
2016
Associated Builders and Contractors, Buffalo, NY
"Your Best Defense to an OSHA Citation — The Unpreventable Employee Misconduct Defense"
2016
Associated Builders and Contractors, Buffalo, NY
"Construction Defect Claims: Defense Strategies for Contractors"
2016
American Society of Safety Engineers, Buffalo, NY
"Building Your Best Defense to an OSHA Citation"
2016
American Society of Safety Engineers Professional Development Conference, Skaneateles, NY
"Legal Considerations for Safety Professionals: More than Safety?"
2015
Montvale, NJ
“OSHA Training: Recording and Reporting Occupational Injuries and Illnesses"
2015
Associated Builders and Contractors, Syracuse, NY
“Best Practices on OSHA – Before, During, and After an Inspection"
Publications
2018
Modern Contractor Solutions
“OSHA and Hazard Assessments: Electrical Hazards in the Workplace"
2018
Modern Contractor Solutions
“ASME B30 – Hoisting Your Crane Safety and Compliance Higher"
2018
Modern Contractor Solutions
“NYC Local Law 196: Coming to a Town or City Near You?”
2017
Modern Contractor Solutions
“Minimizing OSHA Liability: More Than an Ounce of Protection"
2017
Modern Contractor Solutions
“Establish a Strong OSHA Defense Before an Inspector Shows Up"
2017
Modern Contractor Solutions
"Does Settling an OSHA Citation Make Good Business Sense?"
2017
Modern Contractor Solutions
"Congress Overturns OSHA Recordkeeping Rule"
2017
Modern Contractor Solutions
"OSHA Interviews: Understanding and Exercising Your Rights"
2017
Modern Contractor Solutions
"Preparing for an OSHA Inspection 101"
2017
The Voice, Summer 2017
"OSHA and Owners: Defining and Mitigating Risk on Construction Projects"
2017
Modern Contractor Solutions
"OSHA's Multi-Employer Citation Policy and Construction Sites: Who Is An Employer?"
2017
Modern Contractor Solutions
"OSHA and the Trump Administration: The First 200 Days"
2017
Modern Contractor Solutions
“How Your Voluntary Safety Audits Can Help (or Hurt) When OSHA Shows Up"
2017
Modern Contractor Solutions
“Minimizing OSHA Exposure"
2017
Modern Contractor Solutions
“Contesting an OSHA Citation"
2016
NYSBA Labor Law Claims, Coverage, and Litigation CLE Seminar, Syracuse, NY
“The Accident and Investigation"
2016
American Society of Safety Engineers, Buffalo, NY
"OSHA and the New York State Industrial Code Rules: Two Sets of Safety Requirements for Contractors in NY"
2016
Intelivert
Featured in “16 Legal Tips: Handling OSHA Citations the Right Way"
2016
The Voice: The Official Magazine of the Construction Users Roundtable, Summer 2016
"Seven Steps to Prevent Construction Defects and Minimize Liability"
2016
EHS Today
Quoted in "SLC 2016 - OSHA Citations: The Best Defense Is a Good Offense"
2016
Mealey’s Litigation Report: Construction Defects Insurance
Co-Author, "Construction Defect Claims: A 2016 Update"
2015
Buffalo Law Journal
“OSHA Ups the Ante in U.S. Workplaces"
2015
IndustryWeek
“Demystifying the Process of Contesting an OSHA Citation"
2015
IndustryWeek
Co-Author, "Groundbreaking OSHA Developments in 2015 to Directly Impact 2016 — and Beyond"
2015
Buffalo Niagara Partnership Perspectives
“Best Practices Should OSHA Come Knocking"