Practice and Industry Groups

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 administrative and regulatory law. Art focuses his practice on 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 Occupational Safety and Health Review Commission, the Federal Mine Safety and Health Review Commission, the federal appellate courts and various 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.


Experience

  • 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

Speeches:

  • 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

Media

Published Works

X

Our Insights

Media

Media Quotes

April 03, 2017 - SHRM Online - "Former OSHA Worker Reveals List of Significant Employer Fines"
March 13, 2017 - New York Times - "Worker Safety Rules Are Among Those Under Fire in Trump Era"
March 09, 2017 - Bloomberg BNA - "Axing Safety Regulations Raises Employer, Worker Questions"

Top