Daniel R.Birnbaum

Partner

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Daniel has successfully represented employers across the country in more than 100 federal and state OSHA inspections. From providing boots-on-the ground advice in the immediate aftermath of catastrophic incidents to successfully first-chairing trials involving high-gravity violations, Daniel is an experienced practitioner in all aspects related to workplace safety.


More About Daniel

Daniel represents national and international companies in all aspects related to workplace safety. Daniel proactively counsels businesses before incidents occur, including advising on safety procedures and policies to ensure legal compliance, administrative feasibility, and reducing potential for third-party risk. He partners with employers regarding issues associated with expert testing, conducting incident investigations, educating workforces on legal responsibilities, and assisting with regulatory compliance.

Daniel also represents employers when incidents occur, including navigating OSHA inspections, participating in informal conferences, and serving in a first-chair role in all phases of litigation, from drafting dispositive motions, to participating in hearing, and preparing appellate briefs. Additionally, he represents employers in whistleblower retaliation cases. He has successfully resolved matters involving nearly every traditional OSHA regulation, such as lockout-tagout, machine guarding, fall protection, hazard communication, and powered industrial trucks, and emerging issues, such as workplace violence, heat illness, and ergonomics.

His practice includes a broad spectrum of employers that range in size (from mom-and-pop to Fortune 500), location (from California to Maine) and industry (including agriculture, construction, financial services, food, health care, hospitality, manufacturing, mining, oil and gas, paper and pulp, retail, staffing, and technology). 

While Daniel focuses on workplace safety law, he has experience navigating all aspects of traditional labor law, understanding the impact that workplace safety issues can have on labor relations.

Daniel also maintains an active pro bono practice. He has assisted a Holocaust survivor in obtaining reparations from the German government, helped obtain a favorable outcome for an internet blogger related to free speech rights, as well as counseled numerous small businesses on employment obligations.

Prior to his legal career, Daniel worked in the office of the Speaker of the United States House of Representatives in Washington, D.C.

  • JD, Cleveland State University - Cleveland-Marshall College of Law
    Summa cum laude
    Cleveland-Marshall Law Review, editor
    Cleveland Marshall Moot Court Team, board of governors
  • BS, Miami University
  • District of Columbia
  • Illinois
  • Ohio
  • US District Court, Northern District of Ohio
  • US District Court, Southern District of Ohio