Not Safe For Work provides focused insight and analysis on occupational health & safety issues.
The occupational health and safety law originates largely from the 1970 Occupational Health and Safety Act (“OSH Act”), and is administered by the Occupational Health & Safety Administration under the Department of Labor. The OSH Act addresses risk reduction issues from toxic chemical exposure, electrical hazards, fall hazards, noise levels, mechanical dangers, extreme temperatures, unsanitary conditions, or other sources. Occupational health & safety issues span a broad range of industries. The OSH Act tasks OSHA with substantial rulemaking responsibilities to set safety standards is, in addition to enforcement mechanisms and reporting requirements.
The federal government, through the Occupational Health & Safety Administration, plays a substantial role in developing workplace safety standards and enforcing them. In addition, other major players include trade associations and research institutes, which have done large amounts of work in studying existing standards and keeping industry practice and the government up-to-date with the latest knowledge on protecting employee safety. Many of the standards put into place by the government are decades old and sometimes outdated, and the Occupational Health & Safety Administration is constantly working to properly update them and execute its duties to keep workplaces safe.
Wayne D’Angelo is a co-chair of Kelley Drye’s Energy practice. He counsels clients on environmental, health, and safety matters. Mr. D’Angelo has extensive experience representing industries in complex OSHA rulemaking and standard development processes. These representations include representing the steel industry in development and litigation of proposed and final rules on occupational exposures to hexavalent chromium, representing the oil and gas industry in OSHA’s development of a standard for respirable crystalline silica, and representing the chemical industry in response to OSHA’s potential revision of numerous workplace exposure standards.
Mr. D’Angelo has represented a soft drink company in numerous administrative citations, including general duty clause citations relating to ergonomics issues. He has advised manufacturing clients on hazard communication issues, machine guarding requirements, personal protective equipment issues, hazard communication requirements, and process safety management compliance. Mr. D’Angelo has also counseled oil and gas industry clients on occupational safety and health issues impacting the upstream sector and health care facilities on OSHA reporting requirements and privacy issues. In addition, Mr. D’Angelo has conducted environmental health and safety due diligence reviews for large-scale corporate and provided “top-to-bottom” environmental health and safety auditing for several heavily regulated industrial facilities.
Matthew Luzadder focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employment matters. He represents management in employment actions both in the federal courts and before the Equal Employment Opportunity Commission and various state agencies in response to charges of discrimination, retaliation, and Equal Pay Act and Fair Labor Standards Act violations. His experience includes investigating claims ranging from harassment to kickbacks, and participates in alternative dispute resolution.
Joe Wilson focuses his practice on business litigation in federal and state courts, before government agencies, and in arbitrations and mediations. Mr. Wilson’s experience includes providing legal counselling and representation in litigation to companies and businesses on employment law and disputes; disputes and matters involving the increasingly contentious area of federal, state and local laws.
Joe Green focuses his practice on complex environmental, health and safety regulatory matters for large and small corporate clients and national trade associations. Mr. Green is skilled in translating complex business and technical issues into effective advocacy and in counseling on matters involving regulatory development, compliance and enforcement. He is experienced with the range of federal environmental and workplace health and safety laws and state regulatory programs, as well as with European Union and international requirements, and he has particular knowledge in the area of chemicals and toxic substances regulation. He also provides counsel regarding the safety of consumer products.
Catie James focuses her practice on telecommunications, intellectual property, and commercial litigation. Ms. James’ experience includes Telephone Consumer Protection Act (TCPA) cases, antitrust cases, and complex commercial litigation. In addition, Ms. James has represented clients in a broad variety of intellectual property disputes, including patent, trademark, and trade secret litigations.
Catherine Wilmarth focuses on occupational safety and health, environmental, and energy issues. She has represented corporate clients and national trade associations in multiple areas, including mobile source vehicles, parts, and equipment; the steel industry; and oil and gas production. She works frequently on matters under the Occupational Safety & Health Act, Clean Air Act, Endangered Species Act, and OSHA and EPA guidance and policies, among others. Ms. Wilmarth has advised trade associations on changes to the Occupational Safety and Health Administration’s Permissible Exposure Level promulgation process under the Occupational Safety and Health Act and has advised clients on changes to numerous OSHA rules and guidance. Prior to joining Kelley Drye, she served as a law fellow with the United States Environmental Protection Agency’s Air Enforcement Division, focusing on mobile source and vehicles and engines regulations, investigations, and enforcement cases under the Clean Air Act.