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RECENT DECISIONS

  • Otis Elevator Co. v. U.S. Secretary of Labor, 762 F.3d 116 (D.C. Cir. 2014)
  • Montgomery Kone, Inc. v. U.S. Secretary of Labor,  234 F.3d 720 (D.C. Cir. 2000)
  • Secretary of Labor, United States v. Clean Fuels of Indiana, Inc., U.S. Occupational Safety and Health Review Comm’n, Dkt. No. 15-1121 (July 28, 2020) (serious permit-required confined space items vacated by Review Commission)
  • Nevada Division of Industrial Relations, Mechanical Compliance Section v. Otis Elevator Company, Case No. E-19-017 (June 20, 2020)
  • Nevada Division of Industrial Relations, Mechanical Compliance Section v. Otis Elevator Company, Case No. E-19-008 (Jan. 29, 2020)
  • California Division of Occupational Safety and Health v. Otis Elevator Company, California Occupational Safety and Health Appeals Board, Ins. No. 1064406 (Sept. 15, 2018)
  • Secretary of Labor, United States v. Central Site Development, LLC,
    U.S. Occupational Safety and Health Review Comm’n, Dkt. No. 16-0642 (January 9, 2018) (award of fees and costs under EAJA)
  • Secretary of Labor, Commonwealth of Kentucky v. Schindler Elevator Corp., Kentucky Occupational Safety and Health Review Comm’n, Dkt. No.4813-11 (July 5, 2017) (twenty-one alleged lockout and permit-required confined space items dismissed)
  • Secretary of Labor, United States v. Central Site Development, LLC,
    U.S. Occupational Safety and Health Review Comm’n, Dkt. No. 16-0642 (June 26, 2017)
  • California Division of Occupational Safety and Health v. Ashley Furniture Industries, Inc.,
    California Occupational Safety and Health Appeals Board, Ins. No. 1016514 (Nov. 7, 2017) (Decision After Reconsideration currently on appeal)
  • Secretary of Labor, United States v. ThyssenKrupp Elevator Americas, Federal Mine Safety and Health Review Comm’n, Dkt Nos. WEST 2015-033 and 034-RM (Jan. 14, 2016)
  • Secretary of Labor, United States v. Dukane Precast, Inc.,
    U.S. Occupational Safety and Health Review Comm’n, Dkt. No. 12-1646 (July 3, 2014)
  • California Division of Occupational Safety and Health v. Schindler Elevator Corporation,
    California Occupational Safety and Health Appeals Board, Dkt. Nos. 12-R3D2-2916 to 2917 (May 1, 2014)
  • Secretary of Labor, United States v. Delta Elevator Service Corp.,
    U.S. Occupational Safety and Health Review Comm’n Dkt. No. 12-1446 (Sept. 17, 2013)
  • California Division of Occupational Safety and Health v. ThyssenKrupp Elevator Company,
    California Occupational Safety and Health Appeals Board, Dkt. Nos. 11-R2D1-2217 to 2219 (Dec. 28, 2012) (serious items vacated by Calif. Court of Appeal August 31, 2016)
  • Secretary of Labor, United States v. Otis Elevator Company,
    U.S. Occupational Safety and Health Review Comm’n Dkt. No. 12-0817 (Nov. 26, 2012)
  • California Division of Occupational Safety and Health v. Otis Elevator Company,
    California Occupational Safety and Health Appeals Board, Dkt. Nos. 10-R3D2-3832 to 3833 (August 29, 2012)
  • Secretary of Labor, United States v. Otis Elevator Company,
    U.S. Occupational Safety and Health Review Comm’n Dkt. No. 10-1057 (May 6, 2011) (citation vacated after appeal)
  • Secretary of Labor, United States v. Otis Elevator Company,
    U.S. Occupational Safety and Health Review Comm’n Dkt. No. 03-1344 (Sept. 27, 2007)
  • Secretary of Labor, United States v. New York Elevator, Inc.,
    U.S. Occupational Safety and Health Review Comm’n Dkt. No. 05-1190 (June 1, 2006)
  • Otis Elevator Company v. Dept. of Consumer & Industry Services, Bureau of Safety Regulation
    Michigan Court of Appeals Dkt. No. 247344 (April 10, 2004)
  • Secretary of Labor, Commonwealth of Kentucky v. ThyssenKrupp Elevator Corp.,
    Kentucky Occupational Safety and Health Review Comm’n Dkt. No. 3692-02 (June 9, 2003)
  • Secretary of Labor, United States v. Copperhead Chemical Company,
    U.S. Occupational Safety and Health Review Comm’n Dkt. No. 99-2198 (November 15, 2000)

Publications & PRESENTATIONS

  • “Comments from the Review Commissioners,” Moderator, American Bar Association Occupational Safety and Health Committee Mid-Winter Meeting, March 6, 2019
  • “The Best Defense,” Elevator World magazine, May 2016
  • “OSHA Update,” Elevator World magazine, September 2015
  • “A Trend of Strict Enforcement,” Elevator World magazine, June 2014
  • “How to Avoid OSHA Pitfalls,” Elevator World magazine, July 2013
  • “How OSHA and the Arbitrary Enforcement of U.S. Government Laws Affect Us All,” Elevator World magazine, October 2012
  • “Field Safety: Lockout/Tagout Can Be Required More Than You Think,” Elevator World magazine, March 2012
  • “Comments from the Review Commission Chairman,” Moderator, American Bar Association Occupational Safety and Health Committee Mid-Winter Meeting, March 15, 2012
  • “The Arc Flash Dance,” Elevator World magazine, November, 2011
  • “Complying with OSHA Standards,” Panelist, Nat’l Assoc. of Elevator Contractors Annual Convention, Safety Educational Session, September, 2011
  • “Voluntary Consensus Standards,” SH&E Digest, American Society of Safety Engineers, March 2011
  • “The Real Clout of Consensus Standards,” Elevator World magazine, March 2011
    Reprinted in Lift Journal, the magazine for the Russian elevator industry, Vol. 9, No. 88, 2011.
  • “OSHA Expands Employers’ Exposure to Whistleblower Claims,” Counsel’s Corner, The Synergist, September, 2010
  • “OSHA’s New Leadership Signals Increased Enforcement,” NEEI Now, newsletter of the Nat’l Elevator Indus., Inc.,  Fall 2010 edition
  • “Showdown at the OSHA Corral,” Elevator World Magazine, October 2010
  • “Combustible Dust Enforcement Update”,  Presenter, Carpet Cushion Council, October 2010
  • “OSHA Enforcement Activities,” Presenter, Nat’l Elevator Indus., Inc. Safety Committee, Summer 2010
  • “Handling an OSHA Inspection,” Presenter, Nat’l Assoc. of Elevator Contractors Annual Convention,  Safety Educational Session, September, 2009
  • “OSHA Developments,” Presenter, Nat’l Elevator Indus., Inc. Safety Committee, Spring 2008
  • “Judicial Control Over Trial Presentation,” Panelist, OSH Review Commission Annual Judges’ Conference, 2008
  • “Recent Developments in Criminal Law,” Presenter, OSH Review Commission Annual Judges’ Conference, 2008
  • “Nanotechnology: Waiting for OSHA,” Presenter, NSTI Nanotech Conference, May 2007
  • “Significant Legal Developments,” Presenter, OSH Review Commission Annual Judges’ Conference, 2006