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

  • Assisted OSHA in promulgating a final rule to regulate exposure to respirable crystalline silica. This rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica. Successfully defended the rule against legal challenges in the D.C. Circuit (opinion).
  • Negotiated a $1.75 million settlement agreement with Ashley Furniture, under which the company must also implement a number of safety measures to protect its employees from amputation hazards and will submit status reports to OSHA annually during the two-year term of the agreement.
  • 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.

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 Regional Litigation and Legal Advice Orlando J. Pannocchia
Counsel for Legal Advice Allison Kramer
Counsel for Special Litigation Peter Vassalo
Counsel for Standards and Guidance Richard Ewell
Supervisory Management and Program Analyst Rochelle Martin
Legal Assistants Charles Gentry
Tuwana Lewis
Paralegal Joel Z. Williams

Published Legal Briefs

Case Name Brief Type File Date

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