John F. Martin

Shareholder Washington D.C.

John Martin focuses his practice on occupational safety and health compliance and litigation. He serves as national OSHA counsel for three publicly-traded companies, and has over 15 years of experience in defending employers in federal court and before the Occupational Safety and Health Review Commission (OSHRC). John has defended clients in 18 states and counsels clients on developing safety programs to eliminate and reduce workplace injuries.

John also consults employers and industry groups on federal and state safety regulations and ongoing rulemaking and legislation. He has represented clients in federal and state courts all across the country, up to the Supreme Court of the United States.

John represents employers in a wide range of industries, including health care, oil and gas exploration, drilling, well servicing, manufacturing, software, alcohol distribution, and professional sports.


Experience

  • Represented well services company in OSHRC proceedings, obtaining dismissal of all claims on serious OSHA citations issued as a result of Otto Cummings gas well blowout near Bryceland, Louisiana (reported at 2003 OSAHRC LEXIS 80; 20 OSHC (BNA) 1286; 2002 OSHD (CCH) P32,675)).
  • Represented well services company in Michigan OSHA (MIOSHA) proceedings, obtaining dismissal of all three serious citations issued by MIOSHA.
  • Represented well services company in Michigan OSHA (MIOSHA) proceedings, obtaining dismissal of nine out of ten serious citations issued by MIOSHA.
  • Represented well services company in California Occupational Safety and Health Appeals Board proceedings, obtaining dismissal of all four heat-illness citations issued by Cal/OSHA.
  • Represented well services company in California Occupational Safety and Health Appeals Board proceedings, obtaining dismissal of two out of four citations, reduction in severity of third citation, and 90% reduction in proposed penalties.
  • Represented nutritional supplements manufacturer in distributor dispute, resulting in dismissal of all claims and award of over $600,000 in fees (reported at 2007 U.S. Dist. LEXIS 18256 (N.D. Texas 2007), aff’d, 273 Fed. Appx. 316 (5th Cir. 2008), cert. denied, 555 U.S. 1085 (2008)).
  • Represented NFL team and head coach in copyright infringement lawsuit over cable television show, resulting in dismissal of claims against clients (reported at Davis v. Billick, 2002 WL 1398560 (N.D. Tex. 2002).

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Occupational Safety and Health Law Committee)
  • Dallas Bar Association
  • Fellow, Dallas Bar Foundation (2000-present)
  • Association of Energy Service Companies (advisor)

Speeches:

  • 2014 OSHA Oil & Gas Safety Conference - ''OSHA's Rulemaking: What's Changing Now and What May Be Changing in the Future'' - Houston - December, 2014
  • ORCHSE Strategies Legal Issues Network - ''Understanding Workplace Violence'' - Washington, D.C. - November, 2014
  • Ogletree Deakins Seminar - ''OSHA Update: What Will the Last Two Years of the Obama Administration Bring for Employers?'' - Omaha - September, 2014
  • Ogletree Deakins Seminar - ''OSHA Update: What Will the Last Two Years of the Obama Administration Bring for Employers?'' - Des Moines - September, 2014
  • Ogletree Deakins Workplace Safety Symposium - ''Rulemaking: OSHA Has Been Busy'' - Las Vegas - May, 2014
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - ''The Workplace Hazards of Exposure to Silica'' - Tucson - March, 2014
  • Association of Energy Service Companies (AESC) Midwinter Meeting - ''No Huddle OSHA: What to Expect from the Agency Between Now and 2016'' - Corpus Christi - February, 2014
  • Edison Electric Institute Occupational Safety and Health Committee - ''Impact of Changes at OSHA'' - Grand Rapids - October, 2013
  • National Association of Printing Ink Manufacturers Webinar - ''OSHA Regulatory Compliance Issues'' - August, 2013

Our Insights

OSHA Proposes New Rules to “Clarify” Recordkeeping Obligations

07/31/2015

OSHA Issues Guidance on Restroom Access for Transgender Employees

06/10/2015

OSHA Announces Final Rule for Confined Spaces in Construction

05/06/2015

OSHA Announces Request for Information on Communication Tower Safety

04/20/2015

It’s Time to Post the OSHA 300A Annual Summary of Illnesses and Injuries

02/06/2015

OSHA: Kinesiology Tape is “Medical Treatment” for Recordkeeping Purposes

12/22/2014

OSHA Announces Significant Alterations to Reporting Requirements

09/12/2014

If You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign

07/02/2014

Supreme Court to Decide Paralyzed Veterans Doctrine

06/30/2014

Utah Supreme Court Rejects OSHA’s Multi-Employer Citation Policy

03/04/2014

OSHA Extends Silica Rule Comment Deadline to February 11

01/24/2014

OSHA Extends Comment Deadline on Proposed Recordkeeping Publication Rule

01/22/2014

NEWSFLASH: OSHA Sets Public Hearing on Publishing Employer’s Recordkeeping Logs for January 9, 2014

11/15/2013

Regulation by Shaming: OSHA Proposes to Publish Employers’ Injury and Illness Records Online

11/08/2013

OSHA Finally Releases Proposed New Rule on Silica Exposure

08/27/2013

Can OSHA Use a Supervisor's Own Misconduct to Establish Employer Knowledge of a Violation? The Eleventh Circuit Chimes In

07/29/2013

The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)

05/24/2013

Who Owns an Employee’s LinkedIn Account?

05/03/2013

Media

Media Quotes

March, 2015 - Bloomberg BNA - "Agencies Win Deference Battle for Now; High Court Conservatives Eager to Revisit"

Published Works

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