The Solicitor's Occupational Safety and Health Division (OSH) provides legal support to the Occupational Safety and Health Administration, the agency that ensures safe and healthy working conditions for workers. OSH provides legal services related to several worker-protection statutes:
- The Occupational Safety and Health Act of 1970
- Whistleblower protection provisions of the Surface Transportation Assistance Act and the Seaman's Protection Act
The OSH Division is responsible for appellate litigation in the U.S. Circuit Courts of Appeals and the Occupational Safety and Health Review Commission, and assists OSHA in developing standards, guidance, and interpretations. Division attorneys also work with OSHA to draft and review new regulations and supporting documentation. The OSH Division provides assistance to the SOL Regional Offices, particularly on high-profile, novel, and complex enforcement matters.
Accomplishments
- Won a favorable decision from the Occupational Safety and Health Review Commission affirming a citation against Integra Health Management, Inc., after an employee was killed while attempting to provide social services at the home of a client with a violent criminal background (opinion). In this case of first impression, the Commission held that the OSH Act covered workplace violence hazards where there is a direct nexus between the risk of violence and the work done by the employee.
- Assisted OSHA in promulgating a final rule clarifying employees' right to authorize a representative to accompany an OSHA compliance officer during a workplace inspection. Employee representation is vital to thorough and effective OSHA inspections, and this rule improves the effectiveness of OSHA inspections and benefits employee safety and health.
- Won a favorable decision from the Second Circuit Court of Appeals affirming a citation against Walmart after an employee was seriously injured in a Walmart warehouse when merchandise fell from an upper rack of an unstable shelving unit and struck the employee on the head (opinion). The court deferred to OSHA's interpretation of the Secure Storage standard, 29 C.F.R. § 1910.176(b), which applies to items "stored in tiers," as covering the storage of items on multi-level metal racks even though the items were not stacked directly on top of each other.
- Entered into a corporate-wide settlement agreement with the discount retailer Dollar Tree addressing nationwide egress issues within its retail establishments. The agreement includes a variety of enhanced abatement measures, as well as a ground-breaking provision that requires Dollar Tree and Family Dollar to abate alleged violations related to egress, fire extinguisher and electrical panel access, and material storage within a 48-hour period or be subject to monetary assessments for each day abatement has not occurred, up to $500,000. The Agreement holds Dollar Tree accountable and protects workers from hazards by ensuring the rapid abatement of egress hazards within the company's stores.
- Entered into a settlement agreement with Smithfield Packaged Meats Corp., the country's largest pork processor, following a COVID-19 outbreak at a plant in Sioux Falls, SD, that resulted in citations for violations of the OSH Act's General Duty Clause for failing to protect employees from COVID hazards. The company agreed to put together a team of experts to formulate a corporate-wide infectious disease preparedness plan that proactively monitors and identifies hazards associated with potential infectious disease outbreaks. The agreement also ensures the company has appropriate PPE on hand and conducts training in a language workers can understand.
What We Do
The Division's attorneys work on:
- Appellate litigation, including:
- Briefing appeals before the Occupational Safety and Health Review Commission and U.S. Courts of Appeals in cases involving agency enforcement actions (which are usually brought by our colleagues in the regional offices);
- Defending OSHA rulemakings against challenges in the U.S. Courts of Appeals; and
- Presenting oral arguments before the U.S. Courts of Appeals.
- Drafting, reviewing, and advising OSHA on standards and guidance materials, as well as participating in public hearings and meetings related to rulemaking;
- Providing legal advice to the OSHA National office and litigation support to SOL regional offices on matters such as:
- Agency policies;
- Interpretations of law;
- Enforcement initiatives and guidance; and
- Novel, significant, and complex cases, including assisting with settlement negotiations.
Staff attorneys generally engage in all the functions of the Division (rather than receiving assignments only within a particular subject area). They receive individual assignments from each of the Division's counsels, the senior attorneys, and sometimes directly from the Associate Solicitor and the Deputy Associate Solicitor. There is limited travel, usually averaging one to three overnight trips per year, for oral arguments, trainings, and trial litigation assistance.
DOL Agencies Supported
Employment Opportunities
For employment opportunities, please visit the federal government's official jobs website or the DOL Honors Program website.
Contact OSHA
Contact OSHA at www.osha.gov/workers/file-complaint or 1-800-321-OSHA (6742).
Contact Information
200 Constitution Ave NW
Room S-4004
Washington, DC 20210
202-693-5445
202-693-5466 (fax)
Associate Solicitor | Edmund C. Baird |
Deputy Associate Solicitor | Lauren Goodman |
Counsels for Appellate Litigation | Louise Betts Heather Phillips |
Counsel for Enforcement | Anne Godoy |
Counsel for Legal Advice | Ashley Briefel |
Counsel for Special Litigation | Peter Vassalo |
Counsels for Standards and Guidance | Richard Ewell Joseph Gilliland |
Supervisory Management and Program Analyst | Ambery Bowman-Smith |
Legal Assistants | Charles Gentry Tuwana Lewis |
Paralegal | Joel Z. Williams |
Published Legal Briefs
Case Name | Brief Type | File Date |
---|---|---|
Darling Ingredients, Inc., v. OSHC; Martin Walsh, Sec'y of Labor | On Petition for Review of a Final Order of the Occupational Safety and Health Review Commission | 11/30/2022 |
UHS of Westwood Pembroke, Inc., and UHS of Delaware, Inc., v. Sec'y of Labor | On Petition for Review of a Final Order of the Occupational Safety and Health Review Commission | 10/14/2022 |
Ayers v Weatherford U.S. LP, Sec'y Resp. Br. | Response Brief for the Sec'y of Labor | 08/23/2022 |
National Nurses United et al. v. Occupational Safety and Health Administration et al. | DEPARTMENT OF LABOR’S OPPOSITION TO THE PETITION FOR A WRIT OF MANDAMUS | 01/21/2022 |
Sec'y of Labor v. Anthony Marano Co. | Appellate Brief | 12/20/2021 |
Martin J. Walsh v. Walmart Inc. | Final Form Brief | 11/05/2021 |
Sec'y of Labor v. Red Lake Fisheries, Inc. | Opening Brief | 03/13/2020 |
Sec'y of Labor v. United States Postal Service | Opening Brief | 12/14/2020 |
BHC Northwest Psychiatric Hosp. v. Secretary of Labor | Response Brief | 11/04/2020 |
Sec'y of Labor v. UHS OF WESTWOOD PEMBROKE, INC., | Opening Brief | 05/04/2020 |
Kiewit Power Constructors, Inc. v. Sec'y of Labor | Brief for the Secretary of Labor | 02/07/2019 |
Acosta v. Angelica Textile Servs., LLC | Brief for the Secretary of Labor | 01/28/2019 |
Sec'y of Labor v. North Eastern Precast, LLC | Brief for the Secretary of Labor | 09/17/2018 |
Francis J. Palo, Inc. v. Secretary of Labor | Response Brief | 04/11/2018 |
F&H Coatings, LLC v. R. Alexander Acosta, Secretary of Labor, U.S. Department of Labor | response brief for Secretary of Labor | 06/23/2017 |
Triumph Construction Corp. v. Secretary of Labor | response brief for Secretary of Labor | 06/09/2017 |
Empire Roofing Company, Southeast LLC v. Secretary of Labor, U.S. Department of Labor | response brief for Secretary of Labor | 06/01/2017 |
Gallagher v. Secretary of Labor | response brief for Secretary of Labor | 02/27/2017 |
Secretary of Labor v. Action Electric Co. | reply brief | 02/03/2017 |
North America's Building Trade Unions, et al. v. OSHA | response brief | 01/19/2017 |
Secretary of Labor v. Action Electric Co. | opening brief | 12/14/2016 |
Southern Pan Services Company v. Secretary of Labor | response brief for Secretary of Labor | 11/18/2016 |
Peco Foods, Inc. v. Secretary of Labor, U.S. Department of Labor | response brief for Secretary of Labor | 10/12/2016 |
American Recycling and Manufacturing Company, Inc. v. Secretary of Labor, U.S. Department of Labor | response brief for Secretary of Labor | 09/20/2016 |
Secretary of Labor v. Cranesville Aggregate Cos. d/b/a Scotia Bag Plant | brief | 09/12/2016 |
Longhorn Service Co. v. Thomas E. Perez | petition for review of final order | 01/13/2016 |
National Oilseed Processors Association v. OSHA and U.S. Department of Labor | brief for OSHA and the U.S. Department of Labor | 06/05/2014 |
Secretary of Labor v. The Davey Tree Expert Company | brief for the Secretary of Labor | 04/18/2014 |
Secretary of Labor v. BP Products North America, Inc. | opening brief for the Secretary of Labor | 01/17/2014 |
SeaWorld of Florida, LLC. v. Secretary of Labor | brief for respondent, the Secretary of Labor | 09/09/2013 |
American Tort Reform Association v. OSHA and U.S. Department of Labor | on petition for review of a final rule of the OSH Administration | 05/13/2013 |
Steel Institute of New York v. The City of New York | amicus, in support of defendant-appellee | 08/08/2012 |
Comtran Group, Inc. v. Secretary of Labor | brief for the Secretary of Labor | 05/09/2012 |
Dayton Tire v. Secretary of Labor | final brief for the Secretary of Labor | 10/01/2011 |
Secretary of Labor v. Delek Refining, Ltd. | brief for the Secretary of Labor | 09/28/2011 |
Secretary of Labor v. Wal-Mart Stores, Inc. | brief for the Secretary of Labor | 08/29/2011 |
Secretary of Labor v. ConocoPhillips Bayway Refinery | opening | 10/04/2010 |
Steel Erectors Association of America, Inc. v. OSH Administration and the Secretary of Labor | brief of respondents | 06/23/2010 |
Steel Institute of New York v. The City of New York | amicus, memorandum in support of defendant | 02/25/2010 |
National Maritime Safety Association v. OSHA | on petition for review of a final rule of the OSH Administration | 02/19/2010 |
Menominee Tribal Enterprises v. U.S. Department of Labor | on petition for review of a final order of the OSH Review Commission | 12/28/2009 |
Secretary of Labor v. Thomas Industrial Coatings, Inc. | opening | 11/16/2009 |
Solis v. Ezequiel Martinez Roofing | petition for judgment of civil contempt | 09/18/2009 |
National Association of Home Builders v. OSH Administration and U.S. Department of Labor | on petition for review of a final rule of the OSH Administration | 08/19/2009 |
Metwest, Inc. v. OSH Review Commission and the Secretary of Labor | on petition for review of a final order of the Administrative Review Board | 07/16/2008 |
Chao v. The Barbosa Group, Inc. | on petition for review of a final order of the OSH Review Commission, reply | 04/07/2008 |
Public Citizen Health Research Group v. OSHA | on petitions for review of a final rule of the OSH Administration | 12/14/2007 |
Chao v. Manganas Painting Co., Inc. | on petition for review of a final order of the OSH Review Commission | 11/16/2007 |
Chao v. Summit Contractors, Inc. | on petition for review of an order of the OSH Review Commission | 07/30/2007 |
Chao v. The Barbosa Group, Inc. | on petition for review of an order of the OSH Review Commission | 07/16/2007 |
Startran, Inc. v. OSH Review Commission and the Secretary of Labor | on petition for review of a final order of the OSH Review Commission | 05/11/2007 |
Chao v. Cagle's, Inc. | on petition for review of a final order of the OSH Review Commission | 02/23/2007 |
Chao v. Jindal/Saw Pipes | on petition for review of an order of the OSH Review Commission | 04/05/2006 |
W. G. Yates and Sons v. Secretary of Labor | on petition for review of an order of the OSH Review Commission | 08/22/2005 |
Chao v. Gunite | on petition for review of an order of the OSH Review Commission, corrected | Mar. 2005 |
Slingluff v. Secretary of Labor | on petition for review of an order of the OSH Review Commission | Sep. 2004 |
No. 04-3245 Sasse v. Department of Labor | on petition for review of a final order of the Administrative Review Board | 06/25/2004 |
Chao v. Ho Ho Ho Express, Inc. | on petition for review of an order of the OSH Review Commission | Mar. 2004 |
Kaspar Wire Works v. Chao | on petition for review of an order of the OSH Review Commission | 07/12/2001 |
Kaspar Wire Works v. Chao | amicus, letter response | 07/12/2001 |