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 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

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

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

Media

Media Quotes

July 15, 2015 - Corporate Counsel - "OSHA Highlights Health Care Workplace Dangers"
March 10, 2015 - Bloomberg BNA - "Agencies Win Deference Battle for Now; High Court Conservatives Eager to Revisit"

Published Works

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