Arthur G. Sapper is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C. office, 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 contributing editor of and frequent author for EHS TODAY magazine.
Art has testified several times before Congress on OSHA issues. In 2010 and 2011, he topped the list of litigators chosen by EHS TODAY magazine as among “The 50 Most Influential EHS Leaders."
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.
Representative Experience- 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): Contributed crucial argument for invalidation of OEHHA California Prop 65 regulation
- 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
- 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
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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
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Reich v. General Motors, 89 F.3d 313 (6th Cir. 1996): Wrote brief convincing court to strike down major OSHA interpretation of lockout standard
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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
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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
Art is a member of the bar of the District of Columbia, the American Bar Association (Labor & Employment Law Section, Occupational Safety & Health Law Committee) and the D.C. Bar Association. He also was a member of the Committee on Model Agency Procedural Rules, Administrative Conference of the United States.
Click here for a complete list of Mr. Sapper's Publications, Speeches, Public Appearances and Papers.
Education
- Georgetown University Law Center, J.D., 1975
- State University of New York-Buffalo, B.A., 1972
