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)
  • College of the State Bar of Texas
  • Association of Energy Service Companies (advisor)

Speeches:

  • Ogletree Deakins Briefing - ''Workplace Fatalities and Criminal Prosecutions: What is the Current State of Play'' - New Orleans - October 28, 2016
  • Ogletree Deakins Briefing - ''Workshop, Managing a Fatality Investigation That Poses the Risk of Criminal Prosecution,'' - New Orleans - October 28, 2016
  • Ogletree Deakins Workplace Safety Symposium - ''What Legacy Did the Obama Administration Leave, and What Will OSHA Look Like During the Next Administration?'' - New Orleans - October 27, 2016
  • Frac Sand Supply & Logistics Fifth Annual Conference - ''Understanding the New OSHA Silica Rule,'' - San Antonio - October 13, 2016
  • Ogletree Deakins Labor and Employment Exclusive - ''Recent Developments From OSHA: What’s New and What to Expect Going Forward,'' - Colorado Springs - September 30, 2016
  • Ogletree Deakins Managing a Workforce 2016 - ''Making Your Workplace ‘World-Class,’'' - Chicago - May 05, 2016
  • Edison Electric Institute (EEI) Spring Occupational Safety & Health Committee Conference - ''Washington Update,'' - Philadelphia - May 03, 2016
  • Independent Electrical Contractors (IEC) National Policy Conference - ''OSHA Fatality Investigations and Policy Enforcement Priorities,'' - Washington, D.C. - April 26, 2016
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - ''New Developments in OSHA Recordkeeping,'' - Santa Barbara - March 09, 2016
  • Ogletree Deakins Workplace Safety Symposium - ''Your OSHA Citation Record: The Hidden Costs'' - Chicago - September 17, 2015
  • Association of Energy Service Companies Annual Summer Meeting - ''OSHA Legal Update'' - Pittsburgh - July 23, 2015
  • Energy and Mineral Law Foundation Annual Institute - ''OSHA’s Proposed Rule on Respirable Crystalline Silica'' - Amelia Island - June 23, 2015
  • Ogletree Deakins Briefing - ''What Safety Professionals Want HR Managers to Know About Workplace Safety'' - Nashville - April 01, 2015
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - ''OSHA Enforcement in the Construction Industry, including Communication Tower-Related Fatalities'' - Naples - March 12, 2015
  • 2014 OSHA Oil & Gas Safety Conference - ''OSHA's Rulemaking: What's Changing Now and What May Be Changing in the Future'' - Houston - December 03, 2014
  • ORCHSE Strategies Legal Issues Network - ''Understanding Workplace Violence'' - Washington, D.C. - November 11, 2014
  • Ogletree Deakins Seminar - ''OSHA Update: What Will the Last Two Years of the Obama Administration Bring for Employers?'' - Omaha - September 30, 2014
  • Ogletree Deakins Seminar - ''OSHA Update: What Will the Last Two Years of the Obama Administration Bring for Employers?'' - Des Moines - September 29, 2014
  • Ogletree Deakins Workplace Safety Symposium - ''Rulemaking: OSHA Has Been Busy'' - Las Vegas - May 07, 2014
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - ''The Workplace Hazards of Exposure to Silica'' - Tucson - March 14, 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 21, 2014
  • Edison Electric Institute Occupational Safety and Health Committee - ''Impact of Changes at OSHA'' - Grand Rapids - October 08, 2013
  • National Association of Printing Ink Manufacturers Webinar - ''OSHA Regulatory Compliance Issues'' - August 14, 2013

Our Insights

Court Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation

November 29, 2016

What Trump's Victory Means for OSHA

November 10, 2016

Lawsuit Challenges OSHA’s “Union Walk Around Rule”

September 14, 2016

OSHA Settlement May Point Direction on Injury Reporting Policies

July 22, 2016

OSHA Officially Increases Civil Penalties by 78 Percent

July 01, 2016

OSHA Ups the Ante for Employers That Fail to Report Workplace Injuries

April 11, 2016

A Beginner’s Guide to OSHA’s Final Silica Rule

April 04, 2016

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

March 25, 2016

What to Expect from OSHA in 2016: Michaels Discusses Hazard Alerts, Silica Rule, Reporting, and Other Priorities

February 29, 2016

OSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More

November 24, 2015

OSHA Testing Joint Enterprise Theory in Wake of NLRB Ruling

September 09, 2015

OSHA Proposes New Rules to “Clarify” Recordkeeping Obligations

July 31, 2015

OSHA Issues Guidance on Restroom Access for Transgender Employees

June 10, 2015

OSHA Announces Final Rule for Confined Spaces in Construction

May 06, 2015

OSHA Announces Request for Information on Communication Tower Safety

April 20, 2015

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

February 06, 2015

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

December 22, 2014

OSHA Announces Significant Alterations to Reporting Requirements

September 12, 2014

OSHA’s Final Rule on Reporting Requirements: A Major Change for Employers

September 12, 2014

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

July 02, 2014

Supreme Court to Decide Paralyzed Veterans Doctrine

June 30, 2014

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

March 04, 2014

OSHA Extends Silica Rule Comment Deadline to February 11

January 24, 2014

OSHA Extends Comment Deadline on Proposed Recordkeeping Publication Rule

January 22, 2014

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

November 15, 2013

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

November 08, 2013

OSHA Finally Releases Proposed New Rule on Silica Exposure

August 27, 2013

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

July 29, 2013

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

May 24, 2013

Who Owns an Employee’s LinkedIn Account?

May 03, 2013

Published Works

X

Media

Media Quotes

December 07, 2016 - Business Insurance - "Obscure law could be ace in the hole for Trump"
December 01, 2016 - Aggregate Research - "Judge denies injunction against OSHA anti-retaliation rule"
November 23, 2016 - Columbia Universal - "Slides, trips and falls rule prone to stand under Trump"

Top