Timm W. Schowalter
University of Missouri – Columbia School of Law, J.D.
Southeast State University, B.A.
Certified Information Privacy Professional/ United States (CIPP/US)
When OSHA knocks ….they are not there to provide your business with friendly advice. Timm brings over 25 years of experience in representing businesses of all sizes before and when OSHA knocks. Timm has a comprehensive skill set aimed at assisting employers in successfully navigating the perilous OSHA waters including drafting effective health and safety policies and training programs, assisting with emergency OSHA site inspections and investigations, serving as a strong advocate during informal settlement conference, litigating citations before Occupational Safety and Health Review Commission, and defending whistleblower claims. Timm’s aggressive yet pragmatic approach allows him to be a trusted and effective advocate for his clients.
- Defended a global chemical company before OSHA and The U.S. Chemical Safety Board in multi-citation litigation arising from an underground plant explosion, and succeeded in having most citations vacated and the six figure fines significantly reduced.
- Defended a national electric utility manufacturer in numerous citations and six figure fines issued from a plant wide inspection (not involved in inspection). After a vigorous defense before the OSHRC, the government agreed to vacate most of the citations and substantially reduced the fines.
- Counseled a construction plumbing contractor in multi-employer worksite citation resulting from improper trench construction. Asserted as strong unavoidable employee misconduct defense at Informal Conference resulting in all citations being vacated.
- Counseled a staffing agency whose placed worker was injured for not following the place of employment’s safety rules resulting in numerous failure to train citations. Successfully litigated “joint employer” issue until the U.S. Solicitor vacated all citations.
- Fatality of retail employee from improper use of a forklift resulting in numerous willful and serious citations and substantial penalties. After a vigorous defense, a settlement was reached where all citations were vacated upon providing additional forklift training
- Fatality of a car wash worker from sudden acceleration of an automobile. Due to immediate involvement no serious or willful citation were issued and all fines were significantly reduced at the Informal Conference.
- Counseled a national tool and die company and its employees in a comprehensive plant-wide inspection that resulted in no serious citations and minimal penalties.