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 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 SolicitorEdmund C. Baird
Deputy Associate SolicitorLauren Goodman
Counsels for Appellate LitigationLouise Betts 
Heather Phillips
Counsel for EnforcementAnne Godoy
Counsel for Legal AdviceAshley Briefel
Counsel for Special LitigationPeter Vassalo
Counsels for Standards and GuidanceRichard Ewell 
Joseph Gilliland
Supervisory Management and Program AnalystAmbery Bowman-Smith
Legal AssistantsCharles Gentry 
Tuwana Lewis
ParalegalJoel Z. Williams

Published Legal Briefs

Case NameBrief TypeFile Date
Darling Ingredients, Inc., v. OSHC; Martin Walsh, Sec'y of LaborOn 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 LaborOn 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 Labor08/23/2022
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 Brief11/05/2021
Sec'y of Labor v. Red Lake Fisheries, Inc.  Opening Brief03/13/2020
Sec'y of Labor v. United States Postal ServiceOpening Brief12/14/2020
BHC Northwest Psychiatric Hosp. v. Secretary of LaborResponse Brief11/04/2020
Sec'y of Labor v. UHS OF WESTWOOD PEMBROKE, INC.,Opening Brief05/04/2020
Kiewit Power Constructors, Inc. v. Sec'y of LaborBrief for the Secretary of Labor02/07/2019
Acosta v. Angelica Textile Servs., LLCBrief for the Secretary of Labor01/28/2019
Sec'y of Labor v. North Eastern Precast, LLCBrief for the Secretary of Labor09/17/2018
Francis J. Palo, Inc. v. Secretary of LaborResponse Brief04/11/2018
F&H Coatings, LLC v. R. Alexander Acosta, Secretary of Labor, U.S. Department of Laborresponse brief for Secretary of Labor06/23/2017
Triumph Construction Corp. v. Secretary of Laborresponse brief for Secretary of Labor06/09/2017
Empire Roofing Company, Southeast LLC v. Secretary of Labor, U.S. Department of Laborresponse brief for Secretary of Labor06/01/2017
Gallagher v. Secretary of Laborresponse brief for Secretary of Labor02/27/2017
Secretary of Labor v. Action Electric Co.reply brief02/03/2017
North America's Building Trade Unions, et al. v. OSHAresponse brief01/19/2017
Secretary of Labor v. Action Electric Co.opening brief12/14/2016
Southern Pan Services Company v. Secretary of Laborresponse brief for Secretary of Labor11/18/2016
Peco Foods, Inc. v. Secretary of Labor, U.S. Department of Laborresponse brief for Secretary of Labor10/12/2016
American Recycling and Manufacturing Company, Inc. v. Secretary of Labor, U.S. Department of Laborresponse brief for Secretary of Labor09/20/2016
Secretary of Labor v. Cranesville Aggregate Cos. d/b/a Scotia Bag Plantbrief09/12/2016
Longhorn Service Co. v. Thomas E. Perezpetition for review of final order01/13/2016
National Oilseed Processors Association v. OSHA and U.S. Department of Laborbrief for OSHA and the U.S. Department of Labor06/05/2014
Secretary of Labor v. The Davey Tree Expert Companybrief for the Secretary of Labor04/18/2014
Secretary of Labor v. BP Products North America, Inc.opening brief for the Secretary of Labor01/17/2014
SeaWorld of Florida, LLC. v. Secretary of Laborbrief for respondent, the Secretary of Labor09/09/2013
American Tort Reform Association v. OSHA and U.S. Department of Laboron petition for review of a final rule of the OSH Administration05/13/2013
Steel Institute of New York v. The City of New Yorkamicus, in support of defendant-appellee08/08/2012
Comtran Group, Inc. v. Secretary of Laborbrief for the Secretary of Labor05/09/2012
Dayton Tire v. Secretary of Laborfinal brief for the Secretary of Labor10/01/2011
Secretary of Labor v. Delek Refining, Ltd.brief for the Secretary of Labor09/28/2011
Secretary of Labor v. Wal-Mart Stores, Inc.brief for the Secretary of Labor08/29/2011
Secretary of Labor v. ConocoPhillips Bayway Refineryopening10/04/2010
Steel Erectors Association of America, Inc. v. OSH Administration and the Secretary of Laborbrief of respondents06/23/2010
Steel Institute of New York v. The City of New Yorkamicus, memorandum in support of defendant02/25/2010
National Maritime Safety Association v. OSHAon petition for review of a final rule of the OSH Administration02/19/2010
Menominee Tribal Enterprises v. U.S. Department of Laboron petition for review of a final order of the OSH Review Commission12/28/2009
Secretary of Labor v. Thomas Industrial Coatings, Inc.opening11/16/2009
Solis v. Ezequiel Martinez Roofingpetition for judgment of civil contempt09/18/2009
National Association of Home Builders v. OSH Administration and U.S. Department of Laboron petition for review of a final rule of the OSH Administration08/19/2009
Metwest, Inc. v. OSH Review Commission and the Secretary of Laboron petition for review of a final order of the Administrative Review Board07/16/2008
Chao v. The Barbosa Group, Inc.on petition for review of a final order of the OSH Review Commission, reply04/07/2008
Public Citizen Health Research Group v. OSHAon petitions for review of a final rule of the OSH Administration12/14/2007
Chao v. Manganas Painting Co., Inc.on petition for review of a final order of the OSH Review Commission11/16/2007
Chao v. Summit Contractors, Inc.on petition for review of an order of the OSH Review Commission07/30/2007
Chao v. The Barbosa Group, Inc.on petition for review of an order of the OSH Review Commission07/16/2007
Startran, Inc. v. OSH Review Commission and the Secretary of Laboron petition for review of a final order of the OSH Review Commission05/11/2007
Chao v. Cagle's, Inc.on petition for review of a final order of the OSH Review Commission02/23/2007
Chao v. Jindal/Saw Pipeson petition for review of an order of the OSH Review Commission04/05/2006
W. G. Yates and Sons v. Secretary of Laboron petition for review of an order of the OSH Review Commission08/22/2005
Chao v. Guniteon petition for review of an order of the OSH Review Commission, correctedMar. 2005
Slingluff v. Secretary of Laboron petition for review of an order of the OSH Review CommissionSep. 2004
No. 04-3245 Sasse v. Department of Laboron petition for review of a final order of the Administrative Review Board06/25/2004
Chao v. Ho Ho Ho Express, Inc.on petition for review of an order of the OSH Review CommissionMar. 2004
Kaspar Wire Works v. Chaoon petition for review of an order of the OSH Review Commission07/12/2001
Kaspar Wire Works v. Chaoamicus, letter response07/12/2001