Phillip B. Russell

Shareholder | Tampa

Phillip is a board-certified OSHA and employment lawyer, litigator, and advisor. He has 30 years’ experience as a strategic, practical, and trusted partner to employers on labor and employment law compliance and litigation matters. One of Phillip’s strengths is developing teams and deploying resources to ensure clients receive the best service and results.

Phillip has been named a Client Service All-Star in OSHA and Employment Law through BTI Consulting Group. One client said, “Phillip just gets the business side of things and is practical and resourceful.”

Chambers USA has recognized Phillip as a Band 3 leading lawyer in Occupational Safety and Health (2023, 2024) and Band 4 in Labor and Employment Law (2024). His clients told Chambers:

“Phillip is an OSHA expert, and a highly practical lawyer.”

“He remains abreast of cutting-edge issues and works hard to learn the client’s business, so his advice and counsel remains practical and effective. He pays attention to the business’s goals and manages the engagement to deliver what is needed.”

“He provides excellent service.”

OSHA Inspections, Citations, and Litigation. Phillip and his teams have helped clients with over 225 workplace fatality inspections and several hundred other inspections. Their goal is to avoid or minimize OSHA citations while helping clients improve safety. Phillip and his teams work with in-house counsel, safety professionals, HR, and executive leadership to navigate through complex and trying times by bringing calm to chaos and a plan to uncertainty. One client’s in-house attorney said, “Phillip and his team gave us calm and clarity with practical solutions to help our people and our business after we had a fatal accident on one our job sites.”

Through his leadership in responding to a multi-person, high-stakes workplace fatality for a client, Phillip exemplified the firm’s Client Pledge to serve clients at the highest level through value, innovation, quality, collaboration, and communication. The client’s general counsel commented that, “Phillip responded to the crisis with a firm understanding of the legal issues and business impact and lead the team with resolve, focus, and a plan.” (Ogletree Deakins Living the Client Pledge Award 2018.)

OSHA Training and Advice. Phillip works with clients to train and educate safety professionals and management on what to do if OSHA shows up and other related topics.

OSHA Regulatory, Policy Advocacy, and Thought Leader. Phillip represents and advises industry associations and large national employers regarding OSHA’s regulatory and policy initiatives and priorities. He was a leading voice for employers in opposing the COVID Emergency Temporary Standard (ETS), which the U.S. Supreme Court ultimately struck down. Phillip is recognized as a thought leader on OSHA and workplace safety and health legal issues. He hosts the firm’s OSHA podcast Dirty Steel-Toe Boots, has twice edited the ABA’s seminal treatise on OSHA law, regularly posts OSHA updates on LinkedIn, and speaks and writes regularly for industry groups and professional associations.

Employment Litigator and Strategic Advisor. Phillip serves as lead counsel on high-stakes employment litigation matters that pose significant risk to his client’s business. He is also a strategic, practical, and trusted legal advisor on labor and employment matters. Phillip helps his clients by mobilizing firm and third-party resources using his experience, knowledge, and business understanding to drive strategy recommendations.

Personal. Phillip and his wife, Liz, are parents to two adult daughters, Madison, and Ally, and one teenage son, Gavin. He loves spending time with his family and boating, diving, spear fishing, fishing, and hunting. Phillip’s first job was bagging groceries and stocking shelves in his family’s grocery stores. He is a Ramblin Wreck from Georgia Tech, and he never wears red and black!

Advocate for Autism Issues and Awareness. Phillip and Liz co-founded Autism Inspired Academy in Clearwater, Florida. The non-profit school helps children on the spectrum build and sustain lives of meaning, purpose, and joy. The school has approximately 155 enrolled students, including their 17-year-old son, Gavin.

More About Phillip B. Russell

Experience

Phillip is a go-to lawyer when OSHA performs investigations following a fatality or other catastrophic incident. He has handled OSHA matters across many industries, including transportation infrastructure construction, commercial electrical contracting, and other construction industry sectors.

OSHA Withdraws Citation After Fatal Fall

On June 13, 2023, a construction client’s subcontractor’s worker had a fatal fall through an opening in steel grating floor of a major steel erection construction project. The floor had been barricaded and required 100% tie-off for any work performed there and the subcontractor and its worker had been trained on fall protection and the tie-off requirement. Nonetheless, OSHA issued a single-item Serious citation alleging the client violated its fall protection standard. We contested the citation before the US Occupational Safety and Health Review Commission. During the litigation, OSHA ultimately agreed to withdraw the citation in its entirety.

Fatal Struck-by Incident Results in No OSHA Citation

Client: Large international construction company with transportation infrastructure projects, including roadways and bridges.

Incident: At one of the client’s largest bridge replacement projects, a worker was fatally injured when he was hit by a dump truck. We deployed our resources to the job site immediately and worked with the client’s executive, project management, and safety teams to plan and prepare for the OSHA on-site inspection. When OSHA’s compliance officer arrived, we represented the client for the on-site inspection, employee interviews, management interviews, and production of requested documents and information.

Impact on the Client and Our Goal: Being struck by trucks or heavy equipment is a major hazard the company’s workers encounter every day, so it was critical to achieve a favorable outcome. An adverse result could have a financial impact, such as millions of dollars in lost revenue and future projects. The fatality was covered widely in the news and immediately caused the company to undergo heightened public scrutiny following other, unrelated issues the company faced on the same project. An adverse outcome on this matter would have had an immeasurable impact on the company’s business and reputation with workers. Our goal was to show OSHA the company had a robust safety program that included rules and procedures, training, compliance, and enforcement components and either avoid or minimize an OSHA citation.

Result: OSHA concluded its six-month inspection of the job site following the fatality. OSHA did not issue a citation. The matter was closed with the best outcome for the client.

Fatal Trenching Accident Results in No OSHA Citation

Client: Foundation construction company specializing in transportation infrastructure and large scale foundations.

Incident: An employee suffered fatal injuries when an 8-foot deep trench collapsed on him. The client engaged Phillip and his team a week after reporting the fatality to OSHA. We worked with the client’s executive, project management, and safety teams to plan and prepare for the continuing OSHA on-site inspection. We represented the client for the on-site inspection, employee interviews, management interviews, and production of requested documents and information.

Impact on the Client and Our Goal: Trenches are a major hazard the company’s workers encounter every day, so it was critical to achieve a favorable outcome. The company is a relatively young and small, but fast growing, construction company that could have lost work and bidding opportunities with a negative outcome. Our goal was to show OSHA the company had a robust safety program that included rules and procedures, training, compliance, and enforcement components and either avoid or minimize an OSHA citation. We also needed to show the employee had no known reason to be in or near the trench and his supervisor—who was working on a backhoe at the trench—did not see the employee enter the trench.

Result: OSHA closed its inspection file after deciding not to issue a citation because the company had done all it could do to address trenching hazards and avoid this accident from happening. It also determined the supervisor did not know the employee had entered or was nearby the trench. The client’s owner was thrilled with the favorable outcome.

Fatal Fall Accident Results in Limited Citation

Client: A large national construction company.

Fatal Incident: A worker at a bridge demolition project fell and suffered fatal injuries when the final span of the old bridge unexpectedly collapsed. We deployed our resources to the job site immediately and worked with the client’s executive, project management, and safety teams to plan and prepare for OSHA’s on-site inspection. When OSHA’s compliance officer arrived, we represented the client for the on-site inspection, employee interviews, management interviews, and production of requested documents and information.

Impact on the Client and Our Goal: Falls are a major hazard the company’s workers encounter every day, so it was critical to achieve a favorable outcome, which was to avoid a willful citation. An adverse result could negatively affect the company’s reputation with workers and have a financial impact on the company, resulting in millions of dollars in lost revenue. Our goal was to show OSHA the company had a robust safety program that included rules and procedures, training, compliance, and enforcement components and either avoid or minimize an OSHA citation.

Result: The client signed a settlement agreement with OSHA, in which the company agreed to serious (but not willful) violations of two OSHA demolition standards and a reduced penalty. The client was thrilled with the outcome because we avoided a willful classification of any alleged violations. This also helped our client minimize any personal injury liability and regulatory issues.

State Court Summary Judgment Win in Discrimination and Harassment Case

On behalf of a large international client, we obtained summary judgment in state court on a plaintiff’s discrimination and harassment claims. In an outstanding team effort, including attorneys Sarah Kuehnel and Stephanie Generotti, we successfully showed the court the plaintiff’s claims were not supported by any evidence and our client was entitled to summary judgment as a matter of law. The case involved multiple witness depositions and extensive discovery spanning well over four years. Although state court summary judgments are rare, this outcome shows that the right strategy and team can work.

Other Representative Matters

5-person fatality at coal-fired power plant
2-person trenching fatality on utility installation project
2-person fall fatality at hotel construction project
Fatal “quicksand” incident at utility construction project
Fatal fall on bridge demolition project over navigable waterway
Near fatal electrocution on railway construction project
Electrocution fatalities involving power lines
Fall fatalities in commercial and residential construction
Work zone fatalities in paving, road, and bridge building industry
Amputations in manufacturing plants

Representative Clients

Acme Barricades, L.C.; Ajax Paving Industries of Florida; All Phase Electric and Maintenance, Inc.; Alliance Power Solutions, Inc.; APG Electric; Avila Golf & Country Club; Boar’s Head Brands; Condotte America, P.E.; Cornerstone Building Brands, Inc.; David Nelson Construction, Inc.; Doyle Electric Services, Inc.; E.M. Enterprises General Contractors, Inc.; General Asphalt Company, Inc.; Hudson Meridian Construction Group; IES Holdings, Inc.; M of Tallahassee, Inc.; Mainline Information Systems, Inc.; Ned Stevens Gutter Cleaning, Inc.; Overseas Shipholding Group, Inc.; PCL Construction Enterprises, Inc.; PODS Enterprises, LLC; Reed TMS Logistics; Ross Security Systems Inc. d/b/a Synergy Florida; S&S Electric Company, Inc.; Southeastern Construction & Maintenance, Inc.; Tampa Tank Inc./Florida Structural Steel; Tucker Paving Inc.; V.E. Whitehurst & Sons, Inc.; Watson Civil Construction, Inc.; Waste Pro USA, Inc.; Woodruff & Sons, Inc.; Yellowstone Landscape, Inc.

Representative Industries

Transportation construction: paving, road, and bridge
Building construction and roofing
Residential construction and roofing
Landscaping
Manufacturing
Transportation and logistics
Warehousing
Power generation and distribution
Grocery and retail

Education & Admission

Professional Activities

Phillip engages with his clients and their industries through industry, bar, and professional associations.

Industry Associations

Florida Transportation Builders’ Association (FTBA): labor and employment counsel; safety committee co-Chair 2016-2020; safety committee member; speaker; author
American Road and Transportation Builders’ Association (ARTBA): member; speaker; author
Independent Electrical Contractors (IEC), National: member, speaker, author
Independent Electrical Contractors (IEC), Florida West Coast Chapter: counsel; speaker
Meat Institute: speaker

Safety

American Society of Safety Professionals, National: member, speaker
American Society of Safety Professionals, Central Florida and West Florida Chapters: speaker

Bar Associations

American Bar Association, Workplace and Occupational Safety & Health Law Committee: member, speaker, and editor of ABA’s Treatise on Workplace Safety and Health Law
Academy of Florida Management Attorneys: Co-chair, OSHA Committee
America Bar Association: Labor & Employment and Litigation Sections
College of Labor and Employment Lawyers (since 2023): Fellow
Association of Corporate Counsel (ACC) – West Central Florida Chapter: Sponsor, speaker, author
Florida Bar Association, Labor & Employment Section: Member, speaker
Hillsborough County Bar Association, Labor & Employment Section Co-Chair, 2008-2009
Georgia Bar Association, Labor & Employment Section: member

Human Resources

Society for Human Resource Management (SHRM), and numerous SHRM Chapters, including HR Florida, HR Tampa, Sarasota-Manatee Human Resources Association (SHRA), Big Bend Society for Human Resource Management (BBSHRM), Keys SHRM, Lake Sumter SHRM, HR Association of Broward County (HRABC), and others: member, speaker, and author

Community Service / Charitable Activities

Autism Inspired Academy: co-founder; director; and scholarship committee member
Early Learning Coalition of Pinellas County, Inc.: Board Member (Governor Appointed) (May 2016-2020)

Speeches

Workplace Safety Symposium – “Taking Control of Outcomes: Negotiating OSHA Settlements and Understanding Enhanced Abatement” – New Orleans – December 5, 2024
Workplace Safety Symposium – “Lockout/Tagout Training and Periodic Inspections” – New Orleans – December 4, 2024
Ogletree Deakins Podcast – “Safety Basics IV: The General Duty Clause” – July 30, 2024
Ogletree Deakins Webinar – “Federal OSHA’s New Heat Injury and Illness Prevention Proposed Rule” – July 17, 2024
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 23: Preparing for an OSHA Informal Settlement Conference” – June 5, 2024
Ogletree Deakins Webinar – “OSH Law Primer, Part IV: The General Duty Clause” – May 30, 2024
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 22: The OSHA Buzz for 2024” – January 30, 2024
Workplace Safety Symposium – “The Top 10 Workplace Safety Mistakes Employers Make (But Don’t Have To)” – Austin – December 7, 2023
American Road & Transportation Builders Association (ARTBA) – 2023 Northeastern & Southern Regional Meeting – “OSHA and Labor Law Update” – Fort Lauderdale – November 2, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 21: Trials Before the Occupational Safety and Health Review Commission” – October 23, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 20: Marijuana in the Workplace” – October 20, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 19: The Worker Walkaround Representative Designation Process” – September 2, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 18: OSHA’s Multi-Employer Citation Policy” – July 20, 2023
Florida Transportation Builders’ Association, Inc. Webinar (moderator) – “Florida’s New Immigration Laws” – June 28, 2023
Ogletree Deakins Webinar – “Wildfire Smoke and Heat Illness Prevention: A Timely Workplace Safety and Health Update” – June 15, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 17: Heat Illness, OSHA’s National Emphasis Program—The Heat Is On” – June 13, 2023
American Society of Safety Professionals (ASSP) Safety 2023 Conference + Expo – “How OSHA Regulates Multiemployer and Joint Employer Worksites” – San Antonio – June 5, 2023
Ogletree Deakins Podcast – “Workplace Strategies Watercooler 2023: Neurodiversity at Work—Innovative Practices for Integrating Uniquely Talented Individuals” – June 5, 2023
Workplace Strategies Seminar – “Neurodiversity at Work: Innovative Practices for Integrating Uniquely Talented Individuals” – San Diego – May 12, 2023
Florida Transportation Builders’ Association (FTBA) Emerging Leaders Academy – “OSHA Enforcement and Inspections for Project Managers” – March 22, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Act’s Whistleblower Provision” – March 2, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 15: OSHA’s Expansion of the Instance-by-Instance Policy” – February 16, 2023
2023 Florida Transportation Builders’ Association (FTBA) Construction Conference – “OSHA Update: Florida Transportation Construction Industry” – Orlando – February 7, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 14: Nonmanagement Access During an OSHA Inspection” – February 2, 2023
Independent Electrical Contractors (IEC) 2023 Business Summit – “OSHA Update: Inspections, Citations, and Enforcement” – Nashville – January 31, 2023
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 13: Kicking Off 2023 With an OSHA and Workplace Safety Forecast” – January 13, 2023
Workplace Safety Symposium – “Digging Into The Data: Safety, Accident, and OSHA Citation Data and Trends in Leading and Lagging Indicators” – Tampa – December 8, 2022
Workplace Safety Symposium – “Multi-Employer and Joint Employer Worksites” – Tampa – December 7, 2022
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 12: Women in Construction and Safety” – November 9, 2022
Association of Corporate Counsel Annual Meeting – “COVID and the Workplace: Where are We?” – Las Vegas – October 24, 2022
Florida Transportation Builders’ Association (FTBA) Webinar – “Beyond E-Verify: Avoiding Hiring Mistakes” – October 19, 2022
Academy of Florida Management Attorneys (AFMA) Meeting – “OSHA Updates – National and Local” – Palm Beach – October 7, 2022
Independent Electrical Contractors (IEC) – Florida West Coast Chapter – “OSHA’s Heat Stress Enforcement NEP” – Clearwater – September 14, 2022
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 11: Death by Suicide in the Construction Industry” – September 6, 2022
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 10: Corporate Counsel’s Role Managing OSHA Compliance” – August 30, 2022
Florida Transportation Builders’ Association (FTBA) Webinar – “OSHA’s Heat-Related Hazard Enforcement Targets Florida and Transportation Construction” – July 27, 2022
Florida Energy Pipeline Association (FEPA) – 2022 Summer Symposium – “4 Executive Level Strategies for Keeping Workers Safe & OSHA Away” – Key West – July 21, 2022
ASSP Safety 2022 Conference + Expo – “Effectively Handling OSHA Walk-Around Inspections and Rapid Response Investigations” – Chicago – June 28, 2022
Academy of Florida Management Attorneys (AFMA) – “5 Surprising OSHA Legal Issues for Non-OSHA Attorneys” – Tampa – June 7, 2022
Ogletree Deakins Podcast – “Workplace Strategies Watercooler: Dirty Steel-Toe Boots, Episode 9—OSHA’s Focus on Heat Illness” – May 31, 2022
Workplace Strategies Seminar – “HR and Safety: The Value in Working Together” – Phoenix – May 6, 2022
American Road & Transportation Builders Association (ARTBA) Webinar – “What You Need to Know: OSHA’s National Emphasis Program on Heat Related Hazards” – April 27, 2022
HR Tampa Quarterly Legal Update Webinar – “COVID and OSHA Enforcement Update for Florida Employers” – April 12, 2022
Florida Chamber Safety Council, 2022 Conference – “Passing the Ultimate Test: OSHA Inspections” – Lake Buena Vista – March 31, 2022
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 8: OSHA’s Attorneys” – March 15, 2022
Association of Corporate Counsel – Central Florida (ACC) – “Employment Law and the COVID-19 Pandemic” – Orlando – February 24, 2022
American Foundry Society Webinar – “How to be Prepared for an OSHA Inspection” – February 7, 2022
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 7: The Supreme Court’s Decision on OSHA’s ETS” – January 17, 2022
Workplace Safety Symposium – “Going to Trial in an OSHA Case” – Phoenix – December 4, 2021
Workplace Safety Symposium – “Responding to High-Stakes Disasters: OSHA Inspections, Expert Assistance, and Media Coverage” – Phoenix – December 3, 2021
Workplace Safety Symposium – “What’s New in OSHA Construction Enforcement and the Law” – Phoenix – December 2, 2021
Ogletree Deakins Webinar – “New Florida Laws Restrict Workplace Vaccine Mandates and Begin State OSH Plan Process” – November 23, 2021
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 6: Florida’s New Law Restricting Employer Vaccine Mandates” – November 21, 2021
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 5: A First Look at OSHA’s New ETS With Phillip Russell and Eric Hobbs” – November 6, 2021
Ogletree Deakins Podcast – “In The Breakroom With Bill, Episode 5: Breaking Down Florida’s Employer Vaccine Mandate Restriction” – November 6, 2021
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 4: Corporate Safety Culture” – September 17, 2021
Ogletree Deakins Podcast – “In The Breakroom With Bill, Episode 4: OSHA’s New Emergency Temporary Standard” – September 17, 2021
ASSP Safety 2021 Conference + Expo – “OUCH! Handling Workplace Injuries and Illnesses: Workers’ Comp, OSHA, Leave & Accommodation Issues” – Austin – September 13, 2021
ASSP Central Florida Virtual Lunch Meeting – “Medical and Recreational Marijuana Use in the Workplace: Safety First!” – September 7, 2021
HR Florida State Conference – “Why is HR Not Involved in OSHA Matters?” – Orlando – August 30, 2021
Independent Electrical Contractors (IEC) National Safety Summit – “OSHA Regulatory and Enforcement Update” – Milwaukee – August 24, 2021
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 3: Why Is OSHA Here?” – August 17, 2021
Ogletree Deakins Podcast – “In The Breakroom With Bill, Episode 3: What to Expect From OSHA’s Emergency Temporary Standard on Mandatory Vaccinations” – August 17, 2021
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots, Episode 2: Who Is OSHA?” – August 9, 2021
Ogletree Deakins Podcast – “Dirty Steel-Toe Boots: A Podcast for Employers about OSHA Enforcement—#1, Podcast Launch and 4 Starter Tips” – August 2, 2021
American Road & Transportation Builders Association (ARTBA) 13th Annual Virtual Law & Regulatory Conference – “OSHA Under Biden: Enforcement and Inspection Strategies, Return to Work, and Vaccinations Issues” – June 24, 2021
Workplace Strategies Virtual Seminar – “After a Year From the Office, How Do We Get Employees Back to Work Safely?” – June 24, 2021
ASSP West Central Florida Chapter Virtual Lunch Meeting – “OSHA Under Biden: Enforcement and Inspection Strategies, Return to Work, and Vaccination Issues” – June 23, 2021
Independent Electrical Contractors (IEC) Webinar – “A Look at OSHA Under the Biden Administration” – June 3, 2021
Independent Electrical Contractors (IEC) National Emerging Leaders Program Webinar – “When Tragedy Strikes: Managing an OSHA Inspection” – May 4, 2021
Ogletree Deakins Webinar – “Biden OSHA’s COVID-19 Strategy: New Guidance, Possible Emergency Temporary Standards, and Perhaps More” – March 18, 2021
American Road & Transportation Builders Association (ARTBA) Webinar – “COVID Vaccinations and the Workplace – What Employers Need to Know” – March 10, 2021
Florida Transportation Builders’ Association (FTBA), Construction Conference 2021 – “OSHA Under the Biden Administration: Regulatory and Enforcement Priorities” – Orlando – February 23, 2021
Ogletree Deakins Webinar – “OSHA Hour: Getting Back to the Basics in the New Year—How Best to Prepare for an OSHA Inspection” – January 28, 2021
Independent Electrical Contractors Webinar – “The Prospects for Upending Labor Law – The PRO Act” – January 18, 2021
Virtual Workplace Safety Symposium – “OSHA Up Close: A Mock Informal Conference” – December 4, 2020
The Transportation Alliance 102nd Annual Convention & Expo – “COVID Hot Topics for Employers Now and in the Next Phase” – Atlanta – November 7, 2020
The Transportation Alliance 102nd Annual Convention & Expo – “Industry Keynote Panel: Sustaining Your Business Through the Pandemic” – Atlanta – November 7, 2020
Independent Electrical Contractors (IEC) National Convention – “When Tragedy Strikes: Managing an OSHA Inspection Following a Fatal or Serious Injury Accident” – October 30, 2020
American Road & Transportation Builders Association (ARTBA) Regional Leadership Team Webinars – “Labor & Employment Issues Impacted by the Pandemic” – September 22, 2020
Independent Electrical Contractors Florida West Coast Chapter – “COVID-19 Legal Update for Electrical Contractors” – August 19, 2020
HR Florida State Conference – “Hold on to Your Hard Hat! What HR Pros Need to Know About OSHA & Workplace Injuries/Illness” – Orlando – August 2020
Ogletree Deakins Webinar – “OSHA Hour: Identifying and Dealing with COVID-19 in the Construction Industry – What are the Issues and How Can Employers Tackle Them?” – July 9, 2020
Ogletree Deakins Webinar – “Reopening Florida: An Update for Florida Employers” – May 15, 2020
Ogletree Deakins Workplace Strategies Virtual Conference – “OSHA Guidance, CDC Guidelines, and State Executive Orders—Oh My: What Do I Have to Follow, When, and Where?” – May 14, 2020
ASSP Central Florida Virtual Lunch Meeting – “COVID-19 Pandemic’s Impact on Workplace Safety” – April 22, 2020
Florida Transportation Builders’ Association Webinar – “COVID-19 Legal Update” – April 8, 2020
Workplace Safety Symposium – “Constructing and Deconstructing: What’s New in Construction Enforcement and the Law?” – New Orleans – December 4, 2019
American Road & Transportation Builders Association (ARTBA) Southern Regional Meeting – “Top Employment Law Disruptors for Contractors: OSHA, Overtime, and More” – Miami – October 28, 2019
ASSP Central Florida Lunch Meeting – “How To Handle An OSHA On-Site Inspection” – Orlando – October 7, 2019
Managing a Workforce in 2020 – “OSHA Recordkeeping and Reporting: The Top 10 Mistakes” – Tampa – October 2, 2019
HR Florida State Conference – “Christmas in August” – Orlando – August 27, 2019
HR Florida State Conference – “Ouch! Handling Workplace Injuries” – Orlando – August 27, 2019
Lorman Education Services Webinar – “OSHA Recordkeeping in Construction” – August 14, 2019
ODWorks! – “OSHA Recordkeeping Part II” – Tampa – July 30, 2019
Ogletree Deakins Webinar – “Step By Step: OSHA Reporting and Recordkeeping Requirements, Part II” – July 30, 2019
American Road & Transportation Builders Association (ARTBA) Webinar – “Medical and Recreational Marijuana ” – July 15, 2019
ACAF Annual Convention – “What To Do When OSHA Shows Up for Asphalt Contractors” – Miami – June 21, 2019
Independent Electrical Contractors’ (IEC) Showcase Event Webinar – “Employment Law” – March 28, 2019
Independent Electrical Contractors’ (IEC) Showcase Event Webinar – “Addressing Reasonable Accommodations” – March 4, 2019
Florida Transportation Builders’ Association (FTBA) Safety Session – “OSHA Law Overview” – Orlando – January 18, 2019
Florida Transportation Builders’ Association (FTBA) Safety Session – “OSHA Regulatory Update” – Orlando – January 17, 2019
Florida Transportation Builders Association, Construction Conference 2017 – “Four Things to do Before You Hear from OSHA” – Orlando – February 3, 2017
Independent Electrical Contractors (IEC) National Policy Conference – “Labor Law Update” – Washington, D.C. – April 25, 2016
IEC CON 2015: Conduit for Profit – “How to Navigate Your Way through an OSHA Investigation” – Tampa – October 22, 2015
Lorman Webinar – “Recognize and Reduce the Top 5 Safety Violations in Construction” – August 18, 2015
FTBA Construction Conference – “OSHA Legal Update and Handling Inspections” – Orlando – February 17, 2015

Published Works

March 11, 2024 – Independent Electrical Contractors – “NLRB’s New “Ambush Election” Rules Threaten IEC Members’ Union-Free Status”
November 10, 2023 – Independent Electrical Contractors (IEC) – “Labor, Employment, and OSHA Law Update — It Has Been a Busy Year!”
May/June 2023 – IEC Insights Magazine – “OSHA Inspections — Four Things Employers Need Before OSHA Shows Up and Why”
2023 – ABA’s Occupational Safety and Health Law Treatise – 5th Edition (chapter editor) – “Relationship of the OSH Act to Other Federal Laws and Agencies”
Fall 2022 – NETA World – “OSHA’s New Heat Illness NEP Targets Electrical Contractors”
August 1, 2022 – Workplace Health Magazine – “OSHA’s Heat Illness National Emphasis Program: The Heat is On”
Summer 2022 – Florida Transportation Builder – “OSHA’s Heat Illness National Emphasis Program Targets Transportation Construction Industry”
May/June 2022 – IEC Insights Magazine – “OSHA’s New Heat Illness National Emphasis Program Targets Electrical Contractors”
February 2022 – HR Professionals Magazine – “.S. Supreme Court Ruling on Vaccine Mandate for Employers – What’s Next?”
February 2022 – Association of Corporate Counsel (ACC) Tampa Bay Chapter – “OSHA Inspections – 4 Things Employers Need Before OSHA Shows Up”
Winter 2021 – Florida Transportation Builder – “Florida OSHA State Plan Moves Closer to Reality”
March 22, 2021 – ABA’s Under Construction Newsletter – “A First Look at OSHA Under the Biden Administration”
January 1, 2021 – Independent Electrical Contractors (IEC) – “2021 IEC National Jobsite Safety Handbook for Electricians”
Summer 2020 – Florida Transportation Builder – “Return-to-Work Safety and Health Issues for Contractors”
January 1, 2020 – Florida Transportation Builders Association Safety Committee – “2020 FTBA Guide to the Industry’s Best Safety Practices”
January/February 2019 – IEC Insights – “Marijuana Usage is a Workplace Safety Issue”
January 2019 – CoatingsPro – “Marijuana Usage Is a Workplace Safety Issue”
2018 – ABA’s Occupational Safety and Health Law Treatise – 4th Edition (Chapter Editor) – “Relationship of the OSH Act to Other Federal Laws and Agencies”
Winter 2017 – The Construction Lawyer – “An Overview of OSHA Investigations and Citations”
Summer 2017 – ABA’s Under Construction Newsletter – “Clearing the Smoke: Workplace Safety Issues Clouded by Medical Marijuana”
June 10, 2016 – Electrical Construction & Maintenance – “10 Tips for Handling an OSHA Inspection”
May 31, 2016 – IEC Newsletter – “How to Handle an OSHA Investigation”
2016 – Occupational Safety and Health Law Handbook, 3rd ed. (Ch. 6) – “Employers’ and Employees’ Rights”
2016 – ABA’s The Construction Lawyer’s Guide to Labor & Employment Law (2d ed) (Co-Author of Ch. 3) – “Employee Handbooks”
May 2014 – IEC/Florida West Coast Chapter – The Conduit – “What To Do When OSHA Is On The Job Site: Top Tips for Electrical Contractors”

Media Quotes

April 4, 2025 – Bloomberg Law – “Workplace Research Agency Cuts Create Chaos for Safety Programs”
March 31, 2025 – Construction Dive – “New Mexico advances heat safety rule”
February 14, 2025 – EHS Today – “David Keeling Nominated to Head OSHA”
February 10, 2025 – Construction Dive – “Bill to abolish OSHA has ‘zero chance’ of becoming law, attorney says”
January 28, 2025 – EHS Today – “Podcast: Four Keys to a Safer Workplace”
January 16, 2025 – Construction Dive – “How to comply with OSHA’s new PPE standard”
December 18, 2024 – Bloomberg Law – “Trump’s Push to Reshape OSHA Will Shift Litigation Landscape”
November 14, 2024 – EHS Today – “What Will OSHA Look Like Under New Administration?”
November 8, 2024 – Construction Dive – “Trump administration likely to abandon OSHA heat safety rule”
September 3, 2024 – The Construction Broadsheet – “Legal Q and A: Looking at OSHA’s proposed heat standard”
July 25, 2024 – Construction Dive – “OSHA’s proposed heat rule: It’s time to get HIIPP”
June 27, 2024 – American Road & Transportation Builders Association – “Internal Traffic Control Plans Save Lives”
August 17, 2023 – Harrington – “Episode 128: Phillip Russell on Providing All-Star Client Service”
March 25, 2022 – SHRM Online – “OSHA: Some Travel Injuries Must Be Recorded”
March 22, 2022 – SHRM Online – “OSHA Seeks Comments on Proposed Final Rule to Protect Health Care Workers from COVID-19”
January 14, 2022 – Bloomberg Law – “Shot-or-Test Rule ‘Dead’ as High Court Dooms Further Litigation”
January 7, 2022 – Inc. Magazine – “Will Your Company Require Vaccinations Monday? U.S. Supreme Court Could Decide Soon”
December 27, 2021 – Bloomberg Law – “Blocking OSHA Drone Inspections Can Trigger Search Warrants”
December 9, 2021 – Engineering News-Record – “Would Dramatically Higher OSHA Penalties Make Workers Safer?”
November 15, 2021 – Workspan Daily – “Vaccine Mandates: Plan for Compliance or Take a Pause?”
November 1, 2021 – The Construction Broadsheet – “Max OSHA penalties $700K under Biden’s Build Back Better plan”
November 1, 2021 – SHRM Online – “OSHA Looks to California, Other States on Proposed Heat Standard”
October 27, 2021 – Tampa Bay Business Journal – “Statewide health care: What to do if you have employees who travel abroad”
September 17, 2021 – Tampa Bay Business Journal – “Tampa Bay employers await specifics on strict Covid vaccination rules”
May 26, 2021 – Construction Dive – “OSHA changes course on vaccine recording requirements”
May 18, 2021 – Construction Dive – “Contractors weigh new OSHA guidance on adverse vaccine reactions”
April 30, 2021 – Bloomberg Law – “Fully Vaccinated Construction Workers Can Now Opt to Avoid Masks”
April 14, 2021 – Construction Dive – “Biden nominates California safety chief as head of OSHA”
March 12, 2021 – Tampa Bay Business Journal – “To mandate or not to mandate: Legal issues around vaccines and Covid in the workplace”
March 5, 2021 – Construction Dive – “With Biden’s ETS deadline looming, feds find OSHA compromised worker safety”
February 4, 2021 – Construction Dive – “What a Marty Walsh-led Labor Department could mean for construction”
November 9, 2020 – Construction Dive – “You’ve been cited by OSHA: Now what?”
September 24, 2020 – Construction Dive – “Michigan fines 12 construction-related businesses for COVID-19 violations”
September 2, 2020 – EHS Today – “OSHA Staff Gets Silica Enforcement Guide”
June 30, 2020 – HR Morning – “New OSHA COVID-19 reporting: Do you know what’s required?”
May 29, 2020 – Construction Dive – “OSHA issues new COVID-19 guidance”
May 14, 2020 – Bloomberg Law – “OSHA Construction Safety Inspections Plunge 84% in Pandemic”
May 6, 2020 – Construction Dive – “Nurses contracted by Tampa, Florida, officials drop in on jobsites in fight against coronavirus”
April 24, 2020 – Construction Dive – “Massachusetts union members advised to return to work following strikes”
April 15, 2020 – Construction Dive – “OSHA issues guidance for recording COVID-19 cases”
March 30, 2020 – Construction Dive – “Construction workers express concerns about coronavirus, question their rights”
September 27, 2019 – Construction Dive – “OSHA gets new construction director”
September 9, 2019 – Construction Dive – “Manhattan DA busts labor broker for workers’ comp fraud”
July 25, 2019 – Construction Dive – “Employer or employee: Who’s to blame for OSHA violations?”
November 29, 2018 – Bloomberg Environment – “Safety Inspection Drones Raise Concerns for Employers”
January 29, 2018 – Human Resource Executive – “When Nature Strikes”
January 18, 2018 – SHRM Online – “Distracted Driving, Violence and Drug Use Contribute to Workplace Fatalities”

Honors & Awards

Fellow, College of Labor and Employment Lawyers (2023)
The Lawdragon 500 Leading Corporate Employment Lawyers (2024, 2025)
Client Service All-Star 2023, OSHA and Employment Law (BTI Consulting Group)
Chambers USA Leading Lawyer, Labor and Employment (2024)
Chambers USA 2023 Leading Lawyer, Occupational Safety and Health (Band 3)
2022 Industry Achievement Award by the Independent Electrical Contractors
The IEC Industry Achievement Award recognizes significant contributions to the electrical industry by an industry partner.
Board Certified in labor and employment law by the Florida Bar since 2018
Member, Academy of Florida Management Attorneys (AFMA) (admitted 2021)
AV® Rated by Martindale-Hubbell since 2012
Recognized in The Best Lawyers in America® for Litigation – Labor and Employment (2012-2025)
Super Lawyer in Employment and Labor, Employment Litigation (2010-2013, 2015-present)
2020 Soap Box Award presented by the Florida Transportation Builders’ Association (FTBA)
- “This Soap Box Award is being presented to you for outstanding contributions to the FTBA and its members. You have a passion for what you do and to serve the industry at-large. Your efforts led to the creation of the Safety Committee and you set an example by your continued participation and engagement. Your counsel and guidance during the COVID-19 pandemic was immeasurable to the Association and its members for which we cannot thank you enough.” August 7, 2020
FTBA Safety Committee Leadership and Dedication Award, 2022 for service as Co-Chairman 2018-2021
Ogletree Deakins – Living the Client Pledge Award 2018
- Recognized for his leadership in responding to a multi-person, high-stakes workplace fatality for a firm client, Mr. Russell exemplified the firm’s Client Pledge to serve clients at the highest level through value, innovation, quality, collaboration, and communication. The client’s General Counsel commented that Mr. Russell responded to the crisis with a firm understanding of the legal issues and business impact of the situation and lead the team with resolve, focus, and a plan.