Arthur G. Sapper

Senior Counsel Washington D.C.

Arthur G. Sapper is Senior Counsel in the Washington, D.C. office of Ogletree Deakins, where he practices both appellate litigation and administrative law.  Art’s practice includes all areas of occupational safety and health (OSHA) law and mine safety and health (MSHA) law, including inspections, discrimination investigations, litigation, rulemaking, counseling and lobbying. 

Art litigates regularly before the federal appellate courts, the Occupational Safety and Health Review Commission, the Federal Mine Safety and Health Review Commission, and various other administrative bodies. He is a frequent author for EHS Today magazine.

Art has testified several times before Congress on OSHA issues. He was chosen by EHS TODAY magazine as among “The 50 People Who Most Influenced EHS in 2012-13.” He was also so chosen in 2010 and 2011.

Before joining the Firm, Art held the position of deputy general counsel of the Occupational Safety and Health Review Commission. He is also a former special counsel and assistant general counsel to the Federal Mine Safety and Health Review Commission.

For nine years Art was an adjunct professor of law at the Georgetown University Law Center, where he taught a graduate course in OSHA law. He was also a member of the Committee on Model Agency Procedural Rules of the Administrative Conference of the United States, and the Maryland Occupational Safety & Health Work Group.


  • Kiewit Power Constructors Co., 27 BNA OSHC 1445 (OSHRC 2018): Wrote briefs and orally argued. Convinced the Commission to invalidate an OSHA construction standard as improperly adopted, bringing into question the validity of many other construction standards
  • AKM LLC dba Volks Constructors v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012): Orally argued, drafted briefs; convinced court to invalidate OSHA and OSH Review Commission doctrine as having "subvert[ed]" the statute of limitations
  • GHS HMO, Inc. v. United States, 536 F.3d 1293 (Fed. Cir. 2008): Helped develop legal theory for invalidation of federal health care regulation
  • Styrene Information & Research Center v. OEHHA (Sacramento Cnty Sup. Ct. 2009), aff'd, 210 Cal.App.4th 1082 (2012)
  • Summit Contractors, Inc., 21 BNA OSHC 2020 (OSHRC 2007): Convinced Review Commission to abolish multi-employer doctrine
  • Cagle’s Inc., 21 OSHC 1738 (2006): Wrote brief for seven major associations convincing Commission to invalidate OSHA interpretation of major regulation
  • Motiva Enterprises LLC, 21 BNA OSHC 1696 (OSHRC 2006): Convinced Review Commission to narrowly construe coverage provision of Process Safety Management Standard
  • Reich v. Arcadian Corporation, 110 F.3d 1192 (5th Cir. 1997): Convinced U.S. Court of Appeals to invalidate substantial portion of OSHA’s “egregious case” enforcement policy
  • American Bus Ass’n v. Slater, 231 F.3d 1 (D.C. Cir. 2000): Contributed major argument to brief convincing court to invalidate DOT regulation under Americans With Disabilities Act as contrary to sanctions provision of Administrative Procedure Act
  • TWCC v. Ben Robinson, 934 S.W.2d 149 (1996): Wrote briefs convincing Texas courts to invalidate Texas workplace safety statute as preempted by federal statute
  • Reich v. General Motors, 89 F.3d 313 (6th Cir. 1996): Wrote brief convincing court to strike down major OSHA interpretation of lockout standard
  • CH2M Hill, Inc. v. Herman, 192 F.3d 711 (7th Cir. 1999): Wrote briefs convincing court to narrow the liability of an engineer under the Occupational Safety and Health Act
  • IBP, Inc. v. Herman, 144 F.3d 861 (D.C. Cir. 1998): Wrote amicus brief and orally argued at court’s invitation; convinced court to narrow liability of factory owner for OSHA violations committed by contractor

Professional Activities and Speeches

Professional Activities:

  • American Bar Association, Labor and Employment Law Section, Occupational Safety & Health Law Committee
  • Committee on Model Agency Procedural Rules, Administrative Conference of the United States


  • Ogletree Deakins Workplace Safety Symposium - ''Genetic Predisposition, Physical Conditioning, and Drug Addiction: What Role Do Personal Medical Conditions Play in Safety Compliance and Enforcement?'' - Nashville - December 06, 2018
  • Ogletree Deakins Workplace Safety Symposium - ''What Is New at OSHA and the Review Commission?'' - Nashville - December 06, 2018
  • Ogletree Deakins Workplace Safety Symposium - ''Process Safety Management: Management of Change is More Than a Term of Art'' - Nashville - December 05, 2018
  • Subcommittee on Workforce Protections of the Committee on Education and the Workforce of the U.S. House of Representatives - ''Promoting Safe Workplaces Through Effective and Responsible Recordkeeping Standards'' - Washington, D.C. - May 25, 2016
  • ORC HSE Legal Issues Network - ''Agency Rulemaking and Judicial Deference: The Aftermath of Perez v. Mortgage Bankers Association'' - Washington, D.C. - May 05, 2016
  • Small Business Labor Safety - ''Update on the Volks Decision – What Does it Mean for Small Employers?'' - Washington, D.C. - January 30, 2015


Published Works


Our Insights


Media Quotes

September 20, 2018 - Bloomberg BNA - "California Employers Face Tougher Worker Safety Mandates"
January 23, 2018 - Business Insurance - "Supreme Court to hear SEC administrative law judge case"
January 08, 2018 - SHRM Online - "Court Rejects Business Group Challenges to OSHA Silica Rule"