Alert 05.01.24
Working Around OSHA’s New Walkaround Rule
After May 31, 2024, employees can designate a non-employee to accompany OSHA compliance officers during worksite inspections.
Tom Van Wyngarden has successfully defended many Fortune 100 companies against claims involving the release of hazardous chemicals and alleged violations of state and federal environmental laws.
Tom also represents clients in connection with regulatory investigations and litigates allegations of workplace safety violations. He has established a long record of success in high-stakes, high-profile and highly publicized environmental matters, including the largest appeals to ever come before the California Occupational Safety and Health Appeals Board (Cal OSHA).
View More
Practice focus
Trusted on high-stakes environmental issues
Clients repeatedly trust Tom to guide them through situations with potentially severe business implications. Fortune 100 energy companies such as Chevron, ExxonMobil and Marathon call on him when accused of violating environmental statutes. He also represents major energy clients in regulatory investigations initiated after industrial fires, explosions or the initiation of routine inspections and successfully defends them in related litigation. For major retailers like Walmart, Tom defends claims brought under California’s Unfair Business Practices Act and Proposition 65and provides environmental compliance counseling.
Underlying all of Tom’s work is a deep understanding of the technical subject matter, his clients’ businesses and their motivations. While he seeks to resolve all matters efficiently, those factors impact the approach he takes in any given dispute. Representing an energy client before the Cal OSHA, for instance, Tom’s understanding of the client’s business made it apparent that one seemingly inconsequential citation would have required the needless annual replacement of certain valves, at a cost of millions of dollars a year. With so much at stake, he put on a vigorous defense—and won.
In addition to his significant litigation experience, Tom is also well versed in the fields of epidemiology, toxicology, contaminant fate and transport, health risk assessment, groundwater and air dispersion monitoring and drinking water distribution, having worked extensively with nationally renowned experts in these disciplines. He has provided expert testimony regarding the justification and reasonable resolution of related mass tort litigation.
Represented client in highly publicized neighborhood toxic tort action with approximately 160 initial plaintiffs. Obtained complete dismissal of all claims (Salashour Afshin, et al. v. Browning-Ferris Industries of California, et al.).
Obtained defense verdict for clients, and was awarded all fees and costs (totaling just under $1 million), in connection with a highly contested business dispute for clients engaged in the entertainment distribution industry.
Represented Del Monte Fresh defending against claims made by more than 6,000 plaintiffs asserting the use of nematode pesticides in foreign jurisdictions caused sterility and birth defects. After consolidation into four cases, obtained dismissal in all four instances.
View More
Represented McDonnell Douglas Corp. against hundreds of personal injury and property claims brought by Rancho Cordova, Calif., residents and based on allegations that rocket engine testing in the 1950s and 1960s by defendants caused neighborhood exposures to ammonium perchlorate (solid rocket fuel) in drinking water. After vigorously litigating the matter with other defendants, a favorable, global settlement was agreed upon.
Represented Westfield LLC and expeditiously settled matter involving two citations issued by Cal OSHA based on allegation that gas lines were improperly cut and capped during construction activities. One citation was withdrawn, and the other “serious” citation was re-classified general. Within six months of settlement, the Santa Clara District Attorney, based on the same underlying event, alleged violations of the Dig Safe Act of 2016 and California’s unfair competition law. Negotiated a very favorable and expeditious settlement of all claims asserted.
Served as lead counsel defending ExxonMobil in its appeal of 19 alleged violations of California’s workplace safety regulations, which included six “serious willful” citations issued by Cal OSHA following the highly publicized February 2015 Torrance refinery explosion. Negotiated very favorable settlement where all six willful designations were withdrawn, 11 of the 19 citations were vacated, and the classification of many of the remaining eight citations were downgraded.
Defended Kinder Morgan Energy Partners against a class action brought as a result of the documented leukemia cluster in Fallon, Nev. The case implicated KMEP, Naval Air Station Fallon, ExxonMobil Corporation and the City of Fallon, and the cancer incidents have been the subject of congressional testimony, investigations by the Center for Disease Control and other agency investigations, extensive news coverage and an award-winning documentary. Nonetheless, obtained a dismissal at the pleading stage of the litigation.
Recognized by Best Lawyers (published by BL Rankings LLC), Toxic Tort|Mass Torts—Defense (2006), Litigation – Environmental (2019 – 2024), Environmental Law (2021 – 2024).
Recognized by The Legal 500, 2019.
View More
Education
J.D., University of California, Hastings College of the Law, 1987
B.A., Psychology, University of California, Los Angeles, 1984
Admissions
California
Texas
Utah