United States Department of Labor

Division of Occupational Safety and Health (OSH)

The Solicitor's Occupational Safety and Health Division (OSH) provides legal support to the Occupational Safety and Health Administration, the agency that ensures safe and healthy working conditions for workers. OSH provides legal services related to several worker-protection statutes:

• The Occupational Safety and Health Act of 1970, which
• Whistleblower protection provisions of the Surface Transportation Assistance Act and the Seaman's Protection Act

The OSH Division is responsible for the appellate litigation in the U.S. Circuit Courts of Appeals and the Occupational Safety and Health Review Commission, and assists OSHA in developing standards, guidance, and interpretations. Division attorneys also work with OSHA to draft and review new regulations and supporting documentation. The OSH Division provides assistance to the SOL Regional Offices, particularly on high-profile, novel, and complex enforcement matters.

Accomplishments:

• Assisted OSHA in promulgating a final rule to regulate exposure to respirable crystalline silica. This rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica.
• Negotiated a $1.75 million settlement agreement with Ashley Furniture, under which the company must also implement a number of safety measures to protect its employees from amputation hazards and will submit status reports to OSHA annually during the two-year term of the agreement.
• Argued and won a case against SeaWorld in the D.C. Circuit Court of Appeals, which upheld a penalty for endangering employees working with orca whales (opinion).

What We Do:

The Division's attorneys work on:

• Appellate litigation, including:
• briefing appeals before the Occupational Safety and Health Review Commission and U.S. Courts of Appeal in cases involving agency enforcement actions (which are usually brought by our colleagues in the regional offices);
• defending OSHA rulemakings against challenges in the U.S. Courts of Appeals; and
• presenting oral arguments before the U.S. Courts of Appeals.
• Drafting, reviewing, and advising OSHA on standards and guidance materials, as well as participating in public hearings and meetings related to rulemaking;
• Providing legal advice to the OSHA National office and litigation support to SOL regional offices on matters such as:
• agency policies;
• interpretations of law;
• enforcement initiatives and guidance; and
• novel, significant, and complex cases, including assisting with settlement negotiations.

Staff attorneys generally engage in all the functions of the Division (rather than receiving assignments only within a particular subject area). They receive individual assignments from each of the Division's counsels, the senior attorneys, and sometimes directly from the Associate Solicitor and the Deputy Associate Solicitor. There is limited travel, usually averaging one to three overnight trips per year, for oral arguments, trainings, and trial litigation assistance.

DOL Agencies Supported:

• The Occupational Safety and Health Administration (OSHA)

Employment Opportunities

For employment opportunities, please visit the federal government's official jobs website or the DOL Honors Program website.

Contact OSHA:

https://www.osha.gov/workers/file_complaint.html

1-800-321-OSHA

CONTACT INFORMATION:

• DIVISION OF OCCUPATIONAL SAFETY AND HEALTH

  200 Constitution Avenue, N.W., Room S-4004
  Washington, DC 20210

  (202) 693-5445
  (202) 693-5466 (FAX)

  • ASSOCIATE SOLICITOR Ann S. Rosenthal
    • DEPUTY ASSOCIATE SOLICITOR Ian Moar
      • Counsels for Appellate Litigation Charles F. James
        Heather Phillips
      • Counsels for Regional Litigation and Legal Advice Orlando J. Pannocchia
        Robert W. Swain
      • Counsel for Special Litigation Vacant
      • Counsels for Standards Edmund Baird
        Nathaniel Spiller
      • Supervisory Management and Program Analyst Stella L. Littles
      • Legal Assistant Jennell Johnson

PUBLISHED LEGAL BRIEFS: