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.

Learn more about Arthur G. Sapper
  • 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

Education

  • J.D., Georgetown University Law Center, 1975
  • B.A., State University of New York at Buffalo, 1972

Admittance to Practice

  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals, First, Second, Third, Fifth, Sixth, Seventh, Eighth, Tenth and District of Columbia Circuits

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

  • 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 6, 2018
  • Ogletree Deakins Workplace Safety Symposium - "What Is New at OSHA and the Review Commission?" - Nashville - December 6, 2018
  • Ogletree Deakins Workplace Safety Symposium - "Process Safety Management: Management of Change is More Than a Term of Art" - Nashville - December 5, 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 5, 2016
  • Small Business Labor Safety - "Update on the Volks Decision – What Does it Mean for Small Employers?" - Washington, D.C. - January 30, 2015
  • 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 8, 2018 - SHRM Online - "Court Rejects Business Group Challenges to OSHA Silica Rule"
  • April 3, 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 9, 2017 - Bloomberg BNA - "Axing Safety Regulations Raises Employer, Worker Questions"
  • February 23, 2017 - Inside OSHA Online - "Gorsuch's Deference Views Could Stymie OSHA, Industry Attorneys Say"
  • January 5, 2017 - Bloomberg BNA Occupational Safety & Health Reporter - "Appeals Court Again Restricts OSHA Violation Window"
  • January 2017 - Inside OSHA Online - "Appellate Court Ruling Complicates OSHA's Continuing Violations Rule"
  • November 29, 2016 - Inside OSHA - "Seeking Extension, Industry Faults OSHA’s Proposed ‘Lockout’ Update"
  • May 26, 2016 - Bloomberg BNA Occupational Safety and Health Reporter – “OSHA Recordkeeping Rules Contested - "OSHA Recordkeeping Rules Contested"
  • May 25, 2016 - Law 360 - "OSHA Injury Reporting Rule Misses Mark, House Panel Hears"
  • October 28, 2015 - Bloomberg BNA Occupational Safety and Health Daily - "Employers Target OSHA Proposed Recordkeeping Rule"
  • July 29, 2015 - Inside OSHA Online - "OSHA Planned Rule Aims to Surmount Court Decisions Over Time Limits on Recordkeeping Citations"
  • January 27, 2015 - Inside OSHA Online - "Advocates Press OSHRC To Expand Meaning of ‘Affected’ Workers, Ensure Unions Can Participate In Cases"
  • December 9, 2014 - SHRM.org - "OSHA’s ‘Continuing Obligation’ Recordkeeping Proposal Moves Forward"
  • October 22, 2014 - Bloomberg BNA Occupational Safety & Health Daily - "Overturning Ruling on Guidance Could Erode Deference to Agencies, Supreme Court Told"
  • May 13, 2014 - Inside OSHA Online - "Advisors Reject OSHA Plan to Nix Crane Rule’s References To Insulating Links, Proximity Alarms"
  • April 28, 2014 - Law360 - "SeaWorld Ruling May Embolden OSHA To Tackle New Sectors"
  • March 13, 2014 - OSHA Online - "Senate Confirms Industry Attorney To Third Spot On Review Commission, Filling Out Board"
  • March 5, 2014 - Bloomberg BNA Occupational Safety & Health Daily - "'Blame -the-Worker’ Allegations Reveal Deep Divide Between Labor, Management"
  • November 11, 2013 - Orlando Sentinel - "SeaWorld Returns to Court in Killer-Whale Safety Case"
  • November 11, 2013 - SHRM.org - "Proposal to Submit Injury Reports Meets Opposition"
  • September 24, 2013 - Inside OSHA Online - "OSHRC Agrees To Review Of Judge’s Decision in BP Process Safety Case"
  • March 30, 2013 - Bloomberg BNA’s Occupational Safety & Health Reporter - "ACCSH Rejects Ending Requirements for X-Rays, Fall Protection Recordkeeping"
  • March 7, 2013 - EHS Today - "Whistleblower Complaints: Avoiding Discrimination Charges through Documentation"
  • July 9, 2012 - EHS Today - "A Post-Volks Quiz"
  • July 3, 2012 - Investor’s Business Daily - "Governments Use Internet to Deter, Shame Lawbreakers"
  • July 1, 2012 - EHS Today - "The Volks Decision: What Does It Mean for Employers?”"
  • April 16, 2012 - National Law Journal - "OSHA Takes Aggressive New Stance"
  • April 12, 2012 - Bloomberg BNA - "Citing Timeliness, D.C. Circuit Throws Out OSHA Citations for Recordkeeping Violations"
  • April 9, 2012 - EHS Today - "Volks Constructors Win OSHA Recordkeeping Case"
  • April 9, 2012 - Occupational Health and Safety - "DC Circuit Vacates Volks Constructors Citations"
  • April 6, 2012 - Law360 - "OSHA Can’t Subvert Law’s Statute of Limitations: D.C. Circ."
  • April 6, 2012 - Blog of Legal Times - "D.C. Circuit: Limit for OSHA Violations in Six Months, Not Five Years"
  • December 8, 2011 - BNA Health Law Resource Center - "CMS Supports Medicare Plans’ Ability to Collect Under Secondary Payer Law"
  • September 16, 2011 - Orlando Sentinel - "SeaWorld Fights for Future of Killer-Whale Shows"
  • June 1, 2011 - EHS Today - "The 50 People Who Most Influenced EHS in 2010-11"
  • April 27, 2011 - EHS Today - "OSHA Turns 40"
  • January 1, 2011 - Corporate Counsel - "The Clock is Ticking, But When Does It Start?"
  • The 50 People Who Most Influenced EHS – EHS Today  (2010-2013)
  • Appointed by Governor Hogan (Md.) to Maryland OSH Reform Workgroup (2015-2016)
  • AV rated by Martindale-Hubbell

Insights by Arthur G. Sapper