Daniel R.Birnbaum
Partner
Labor & Employment
dbirnbaum@seyfarth.com
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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.
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
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01/30/2025
Daniel Birnbaum Discusses Impact of New Administration on Workplace Safety in EHS Today
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01/02/2025
Seyfarth's Blog on How 2nd Trump Administration Will Impact OSHA Cited in Daily Journal of Commerce
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Blog Post
Dec 4, 2024
Radical Change at OSHA During Second Trump Administration?
- American Bar Association
- Co-Author, "Radical Change at OSHA During Second Trump Administration?," Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (December 4, 2024)
- Co-Author, “Hot Fun in the Summertime: Cal/OSHA Indoor Heat Rule Effective Immediately,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 25, 2024)
- Co-Author, “OSHA Final Rule to Revise Chemical Labelling and Safety Data Sheets,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (June 3, 2024)
- Co-Author, “DOJ Publishes Proposed Rule to Reschedule Cannabis,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (May 17, 2024)
- Co-Author, “Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 8, 2024)
- Co-Author, “Report From Day 2 of The 2024 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 7, 2024)
- Co-Author, “Report From Day 1 of The 2024 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 6, 2024)
- Co-Author, “OSHA Provides Webinar and Instructional Materials to Instruct Employers On New Obligations in Using OSHA’s Injury Tracking Application (ITA) to Submit Form 300A, Form 300, and Form 301 Data,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (February 26, 2024)
- Co-Author, “Best Practices to Ensure Commercial Motor Vehicle Driver Safety, Fatigue Rule Compliance,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (December 11, 2023)
- Co-Author, “Federal Government Shutdown Would Significantly Impact United States Department of Labor Enforcement Activities,” Employment Law Lookout, Seyfarth Shaw LLP (November 14, 2023)
- Co-Author, “Federal Government Shutdown Would Significantly Impact United States Department of Labor Enforcement Activities, OSHA Cases,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (November 13, 2023)
- Co-Author, “OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (August 24, 2023)
- Co-Author, “A Brave New World: How to Manage Safety Hazards From Augmented Reality (AR), Virtual Reality (VR), and Artificial Intelligence (AI),” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 27, 2023)
- Co-Author, “OSHA Expands Electronic Injury/Illness Data Reporting and Recordkeeping Requirements,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 18, 2023)
- Co-Author, “OSHA Announces National Emphasis Program Aimed at Reducing and Preventing Workplace Hazards in Warehouses and Distribution Centers,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 14, 2023)
- Co-Author, “OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (May 11, 2023)
- Co-Author, “Are Your Exits Clear? Major Retailer Faces Over $15 Million in OSHA Fines as OSHA Enforcement Wave on Exit Access Continues,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 27, 2023)
- Co-Author, “Biden Administration Requests Big Budget Increase For OSHA,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 17, 2023)
- Co-Author, “Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 10, 2023)
- Co-Author, “Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 10, 2023)
- Co-Author, “Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 9, 2023)
- Co-Author, “Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (February 15, 2023)
- Co-Author, “OSHA Reiterates Concerns About Occupational Hearing Damage and Loss,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (February 8, 2023)
- Co-Author, “OSHA Issues New Instance-by-Instance Penalties Policy,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 27, 2023)
- Co-Author, “National Safety Council Releases Workplace Violence Resources for Employers,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 25, 2023)
- Co-Author, “Carbon Monoxide (CO) – Deadly Gas Continues to Menace Winter Workplaces,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 24, 2023)
- Co-Author, “Alec Baldwin Manslaughter Charges Spotlight Criminal Liability For Occupational Fatalities,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 23, 2023)
- Co-Author, “As Fatality Numbers Skyrocket, OSHA Scrutinizes Trenching and Excavation Hazards with Redoubled Enforcement,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 17, 2023)
- Co-Author, "OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS," Legal Update, Seyfarth Shaw LLP (January 26, 2022)
- Co-Author, "Finally! Cal/OSHA Approves Revised Emergency Temporary Standard," Legal Update, Seyfarth Shaw LLP (June 18, 2021)
- Co-Author, "New York Passes Recreational Cannabis Law," Legal Update, Seyfarth Shaw LLP (April 2, 2021)
- "OSHA Announces Significant Changes to Silica Rules that are Among the Broadest Ever Issues," Ohio Oil and Gas Association Bulletin (May 2016)
- Co-Presenter, "Be Prepared: OSHA Enforcement Trends for 2024 and Beyond," Webinar, Seyfarth Shaw LLP (February 27, 2024)
- Co-Presenter, "Health Care Employers -- New Federal OSHA Emergency Temporary Standard," Webinar, Seyfarth Shaw LLP (July 14, 2021)
- Co-Presenter, "Coronavirus Part 2: Preparing for a Potential Pandemic - New Employer Challenges," Webinar, Seyfarth Shaw LLP (March 2, 2020)
- Co-Presenter, "Coronavirus: Employer Liability Issues," Webinar, Seyfarth Shaw LLP (January 29, 2020)
- "OSHA Trends and Developments: One Year Into the Trump Administration," Client Event, Seyfarth Shaw LLP, Atlanta, GA (August 23, 2018)
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.
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
Related Services
Related Trends
Related News & Insights
-
Media Mentions
01/30/2025
Daniel Birnbaum Discusses Impact of New Administration on Workplace Safety in EHS Today
-
Firm News
01/17/2025
Seyfarth Names 20 New Partners
-
Media Mentions
01/02/2025
Seyfarth's Blog on How 2nd Trump Administration Will Impact OSHA Cited in Daily Journal of Commerce
-
Blog Post
Dec 4, 2024
Radical Change at OSHA During Second Trump Administration?
- American Bar Association
- Co-Author, "Radical Change at OSHA During Second Trump Administration?," Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (December 4, 2024)
- Co-Author, “Hot Fun in the Summertime: Cal/OSHA Indoor Heat Rule Effective Immediately,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 25, 2024)
- Co-Author, “OSHA Final Rule to Revise Chemical Labelling and Safety Data Sheets,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (June 3, 2024)
- Co-Author, “DOJ Publishes Proposed Rule to Reschedule Cannabis,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (May 17, 2024)
- Co-Author, “Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 8, 2024)
- Co-Author, “Report From Day 2 of The 2024 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 7, 2024)
- Co-Author, “Report From Day 1 of The 2024 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 6, 2024)
- Co-Author, “OSHA Provides Webinar and Instructional Materials to Instruct Employers On New Obligations in Using OSHA’s Injury Tracking Application (ITA) to Submit Form 300A, Form 300, and Form 301 Data,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (February 26, 2024)
- Co-Author, “Best Practices to Ensure Commercial Motor Vehicle Driver Safety, Fatigue Rule Compliance,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (December 11, 2023)
- Co-Author, “Federal Government Shutdown Would Significantly Impact United States Department of Labor Enforcement Activities,” Employment Law Lookout, Seyfarth Shaw LLP (November 14, 2023)
- Co-Author, “Federal Government Shutdown Would Significantly Impact United States Department of Labor Enforcement Activities, OSHA Cases,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (November 13, 2023)
- Co-Author, “OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (August 24, 2023)
- Co-Author, “A Brave New World: How to Manage Safety Hazards From Augmented Reality (AR), Virtual Reality (VR), and Artificial Intelligence (AI),” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 27, 2023)
- Co-Author, “OSHA Expands Electronic Injury/Illness Data Reporting and Recordkeeping Requirements,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 18, 2023)
- Co-Author, “OSHA Announces National Emphasis Program Aimed at Reducing and Preventing Workplace Hazards in Warehouses and Distribution Centers,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 14, 2023)
- Co-Author, “OSHA Announces a National Emphasis Program to Reduce and Prevent Workplace Falls,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (May 11, 2023)
- Co-Author, “Are Your Exits Clear? Major Retailer Faces Over $15 Million in OSHA Fines as OSHA Enforcement Wave on Exit Access Continues,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 27, 2023)
- Co-Author, “Biden Administration Requests Big Budget Increase For OSHA,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 17, 2023)
- Co-Author, “Report From Day 3 of The 2023 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 10, 2023)
- Co-Author, “Report From the Final Day of The 2023 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 10, 2023)
- Co-Author, “Report From Day 2 of The 2023 ABA OSHA/MSHA Law Conference,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (March 9, 2023)
- Co-Author, “Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (February 15, 2023)
- Co-Author, “OSHA Reiterates Concerns About Occupational Hearing Damage and Loss,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (February 8, 2023)
- Co-Author, “OSHA Issues New Instance-by-Instance Penalties Policy,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 27, 2023)
- Co-Author, “National Safety Council Releases Workplace Violence Resources for Employers,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 25, 2023)
- Co-Author, “Carbon Monoxide (CO) – Deadly Gas Continues to Menace Winter Workplaces,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 24, 2023)
- Co-Author, “Alec Baldwin Manslaughter Charges Spotlight Criminal Liability For Occupational Fatalities,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 23, 2023)
- Co-Author, “As Fatality Numbers Skyrocket, OSHA Scrutinizes Trenching and Excavation Hazards with Redoubled Enforcement,” Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (January 17, 2023)
- Co-Author, "OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS," Legal Update, Seyfarth Shaw LLP (January 26, 2022)
- Co-Author, "Finally! Cal/OSHA Approves Revised Emergency Temporary Standard," Legal Update, Seyfarth Shaw LLP (June 18, 2021)
- Co-Author, "New York Passes Recreational Cannabis Law," Legal Update, Seyfarth Shaw LLP (April 2, 2021)
- "OSHA Announces Significant Changes to Silica Rules that are Among the Broadest Ever Issues," Ohio Oil and Gas Association Bulletin (May 2016)
- Co-Presenter, "Be Prepared: OSHA Enforcement Trends for 2024 and Beyond," Webinar, Seyfarth Shaw LLP (February 27, 2024)
- Co-Presenter, "Health Care Employers -- New Federal OSHA Emergency Temporary Standard," Webinar, Seyfarth Shaw LLP (July 14, 2021)
- Co-Presenter, "Coronavirus Part 2: Preparing for a Potential Pandemic - New Employer Challenges," Webinar, Seyfarth Shaw LLP (March 2, 2020)
- Co-Presenter, "Coronavirus: Employer Liability Issues," Webinar, Seyfarth Shaw LLP (January 29, 2020)
- "OSHA Trends and Developments: One Year Into the Trump Administration," Client Event, Seyfarth Shaw LLP, Atlanta, GA (August 23, 2018)