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 20 years of experience in defending employers in federal court and before the Occupational Safety and Health Review Commission (OSHRC). John has defended clients in 30 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 a wide variety of employers from small family-owned businesses to Fortune 500 companies, and in a wide range of industries, including construction, oil and gas exploration, drilling, well servicing, restaurants, door and window manufacturing, auto manufacturing, health care, transportation, and retail.

Learn more about John F. Martin
  • Represented well services company in OSHRC proceedings, obtaining finding that client was in compliance and dismissal of General Duty Clause citation (reported at 25 OSHC (BNA) 2087)
  • Persuaded California Occupational Safety and Health Appeals Board to adopt D.C. Circuit holding in AKM LLC dba as Volks Constructors v. Secretary of Labor to Cal/OSHA recordkeeping citations (reported at 2016 WL 6093246)
  • 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 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).

Education

  • J.D., cum laude, , Texas Tech University School of Law, 1997
  • B.A., University of Texas at Arlington, 1994

Admittance to Practice

  • Texas
  • District of Columbia
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of Texas
  • U.S. Court of Appeals, Fifth and Seventh Circuits
  • U.S. Supreme Court

Professional Activities

  • American Bar Association (Occupational Safety and Health Law Committee)
  • College of the State Bar of Texas
  • Association of Energy Service Companies (advisor)

Speeches

  • Ogletree Deakins Workplace Safety Symposium - "What Is New at OSHA and the Review Commission?" - Nashville - December 6, 2018
  • Occupational Safety and Health Review Commission Judicial Conference - "Appellate Updates" - Washington, D.C. - September 12, 2018
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - "Developments in Administrative Law: What Role Does Deference Play When a New OSHA Administration Seeks to Change Agency Policies?" - Washington, D.C. - March 1, 2018
  • Association of Energy Service Companies Annual Summer Meeting - "Legal Update" - San Antonio - February 23, 2018
  • Ogletree Deakins Workplace Strategies Seminar - "What the New OSHA Has In Store for Employers" - San Diego - May 5, 2017
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - "2015-2016 Significant Decisions" - Jupiter - March 9, 2017
  • Ogletree Deakins Workplace Safety Symposium - "Workplace Fatalities and Criminal Prosecutions: What is the Current State of Play?" - New Orleans - October 28, 2016
  • Ogletree Deakins Workplace Safety Symposium - "Workshop - Managing a Fatality Investigation That Poses the Risk of Criminal Prosecution" - New Orleans - October 28, 2016
  • Ogletree Deakins Workplace Safety Symposium - "What Legacy Did the Obama Administration Leave, and What Will OSHA Look Like During the Next Administration?" - New Orleans - October 27, 2016
  • Frac Sand Supply & Logistics Fifth Annual Conference - "Understanding the New OSHA Silica Rule" - San Antonio - October 13, 2016
  • Ogletree Deakins Corporate Labor & Employment Counsel Exclusive Seminar - "Recent Developments From OSHA: What’s New and What to Expect Going Forward" - Colorado Springs - September 30, 2016
  • Ogletree Deakins Workplace Strategies Seminar - "Making Your Workplace 'World-Class'" - Chicago - May 5, 2016
  • Edison Electric Institute (EEI) Spring Occupational Safety & Health Committee Conference - "Washington Update" - Philadelphia - May 3, 2016
  • Independent Electrical Contractors (IEC) National Policy Conference - "OSHA Fatality Investigations and Policy Enforcement Priorities" - Washington, D.C. - April 26, 2016
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - "New Developments in OSHA Recordkeeping" - Santa Barbara - March 9, 2016
  • Ogletree Deakins Workplace Safety Symposium - "Your OSHA Citation Record: The Hidden Costs" - Chicago - September 17, 2015
  • Association of Energy Service Companies Annual Summer Meeting - "OSHA Legal Update" - Pittsburgh - July 23, 2015
  • Energy and Mineral Law Foundation Annual Institute - "OSHA’s Proposed Rule on Respirable Crystalline Silica" - Amelia Island - June 23, 2015
  • Ogletree Deakins Briefing - "What Safety Professionals Want HR Managers to Know About Workplace Safety" - Nashville - April 1, 2015
  • ABA Occupational Safety and Health Law Committee Midwinter Meeting - "OSHA Enforcement in the Construction Industry, including Communication Tower-Related Fatalities" - Naples - March 12, 2015
  • 2014 OSHA Oil & Gas Safety Conference - "OSHA's Rulemaking: What's Changing Now and What May Be Changing in the Future" - Houston - December 3, 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 7, 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 8, 2013
  • National Association of Printing Ink Manufacturers Webinar - "OSHA Regulatory Compliance Issues" - August 14, 2013
  • February 1, 2019 - SHRM Online - "Don’t Forget to Post OSHA Injury and Illness Data at Your Worksite"
  • January 31, 2019 - SHRM Online - "OSHA Scales Back Electronic Record-Keeping Rule"
  • January 23, 2019 - Bloomberg Environment - "Factories Get Guidance for Complying With Silica Exposure Limit"
  • October 25, 2018 - EHS Today - "OSHA Stresses Trenching and Excavation Safety"
  • August 14, 2018 - SHRM Online - "OSHA Proposes Change to Electronic Record-Keeping Rule"
  • August 6, 2018 - EHS Today - "OSHA Proposes Big Changes to Electronic Injury Reporting"
  • July 16, 2018 - NRCA - "OSHA gives second chance on silica rule"
  • June 11, 2018 - EHS Today - "What the First Six Months of Silica Enforcement Tells Us"
  • December 1, 2017 - SHRM Online - "OSHA Extends Electronic Record-Keeping Submission Deadline by Two Weeks"
  • October 7, 2017 - Atlanta Business Chronicle - "Women’s workplace injuries include headaches, repetitive stress"
  • October 6, 2017 - SHRM Online - "State Workplace Safety Standards May Exceed OSHA’s Rules"
  • October 5, 2017 - SHRM Online - "How Will OSHA Priorities Change Under the Trump Administration"
  • October 4, 2017 - SHRM Online - "What to Do When an OSHA Inspector Knocks on Your Door"
  • September 27, 2017 - Bloomberg BNA - "Judges Hammer Industry Over Workers’ Silica Risks"
  • August 23, 2017 - Business Insurance - "Employers advised to delay injury data filings in wake of security breach"
  • May 3, 2017 - Business Insurance - "Withdrawal of union walkaround policy applauded"
  • March 3, 2017 - SHRM Online - "House Votes to Block Last-Minute OSHA Rule"
  • February 22, 2017 - Business Insurance - "State budget proposals target comp programs"
  • December 7, 2016 - Business Insurance - "Obscure law could be ace in the hole for Trump"
  • December 1, 2016 - Aggregate Research - "Judge denies injunction against OSHA anti-retaliation rule"
  • November 23, 2016 - Columbia Universal - "Slides, trips and falls rule prone to stand under Trump"
  • November 23, 2016 - Business Insurance - "Slips, trips and falls rule likely to stand under Trump"
  • July 1, 2016 - Business Insurance - "Higher OSHA fines could deter all but largest employers"
  • May 16, 2016 - SHRM Online - "OSHA Will Publish Employers’ Injury and Illness Reports"
  • February 19, 2016 - SHRM Online - "Cases Left on Supreme Court Docket May Lead to Tie Votes"
  • July 15, 2015 - Corporate Counsel - "OSHA Highlights Health Care Workplace Dangers"
  • July 7, 2015 - Bloomberg BNA Occupational Safety & Health Daily - "OSHA Annuls Kinesiology Tape Reporting Requirement"
  • March 10, 2015 - Bloomberg BNA - "Agencies Win Deference Battle for Now; High Court Conservatives Eager to Revisit"
  • March 9, 2015 - Ogletree Deakins Blog Post - "Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations"
  • November 26, 2014 - Bloomberg BNA - "Up For Reinterpretation: Supremes Take On Informal Rulemaking"
  • November 2014 - Practical Law Company - "GC Agenda"
  • October 21, 2014 - Human Resource Executive - "Lightening a Burden - Of Proof"
  • September 22, 2014 - SHRM.org - "OSHA Seeks to Lower Whistle-Blowers' Burden of Proof"
  • September 15, 2014 - Corporate Counsel - "In Case of Workplace Accident, Increase OSHA Reporting"
  • June 2, 2014 - SHRM.org - "I2P2 Removed from Active OSHA Agenda"
  • April 28, 2014 - Law360 - "SeaWorld Ruling May Embolden OSHA To Tackle New Sectors"
  • November 11, 2013 - SHRM.org - "Proposal to Submit Injury Reports Meets Opposition"
  • August 13, 2013 - Society for Human Resource Management - "Employer Not Automatically Liable for Supervisor's Safety Violations"
  • June 11, 2013 - Law360 - "Class Action Attorneys React to High Court's Arbitration Ruling"
  • May/June 2012 - Well Servicing Magazine - "Urgent: Lawyers Needed; Shale Plays Have Created an Unprecedented Demand for Legal Representation"
  • AV Rated by Marindale-Hubbell
  • Articles Editor, Texas Tech Law Review

Insights by John F. Martin