Media Mentions
2011
“CMS Supports Medicare Plans’ Ability to Collect Under Secondary Payer Law”
BNA Health Law Resource Center, December 8, 2011
Arthur Sapper said that a Centers for Medicare & Medicaid Services memo urging Medicare Advantage organizations to collect for services when other entities are primary payers is important because previous court decisions indicated no such collection right existed. “Although you can’t ‘unring’ bells when it comes to previous court rulings,” Mr. Sapper added, courts in future decisions will need to defer to the CMS view that previous decisions misunderstood the statute.
Arthur G. Sapper, Health, OSHA, MSHA & Catastrophe Response
“Garbage In, Trouble Out”
CFO.com, September 21, 2011
Susan Cooke warned that companies recycling old computer equipment are still liable for the environmental impact of the process. Outsourcing to a recycler “doesn’t mean that you say, ‘Well, it’s not our problem anymore,’” Ms. Cooke explained. “What many companies found in the past was somebody might have a license [to recycle], but that didn’t protect you if things went bad.” Companies should also be wary of donating used equipment, she added, because “a regulatory authority is going to see whether what the company was really trying to do was to get rid of the materials without having to pay for disposal.”
Susan M. Cooke, OSHA, MSHA & Catastrophe Response
“SeaWorld Fights for Future of Killer-Whale Shows”
Orlando Sentinel, September 16, 2011
Arthur Sapper explained that SeaWorld likely is challenging the OSHA citation that it committed a “willful” safety violation when an animal trainer was killed by a killer whale at its Orlando park because the company is uncertain if it can meet OSHA’s proposed remedial actions. “You can’t effectively promise the federal government, at the risk of jeopardizing your company, that you’re going to abate if you’re not sure you can,” Mr. Sapper stated.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
“$1.23 Billion Golf Buy”
Legal Bisnow, June 6, 2011
Thomas Conaghan called getting the deal signed for the Fila Korea/Mirae Asset Private Equity purchase of the Titleist and Footjoy golf equipment lines a “three month sprint” during which he was “lucky if I got six hours” of sleep a night given the 13-hour US-Korea time difference. Mr. Conaghan said the deal was more than a business transaction, it was front page news in Korea. The article noted that Joel Grosberg managed the transaction’s US and foreign antitrust approvals, Daphne Trotter led the environmental review of the global manufacturing facilities involved, James Riedy led the international tax structuring team, and more than 40 McDermott timekeepers were involved overall.
Thomas P. Conaghan, Joel R. Grosberg, James A. Riedy PC, Daphne W. Trotter, Antitrust & Competition, Corporate, OSHA, MSHA & Catastrophe Response, Tax
“The 50 People Who Most Influenced EHS in 2010-11”
EHS Today, June 1, 2011
Arthur Sapper was listed as one of four litigators among 50 high-profile persons who had the most influence on environmental health and safety issues during the past year. Mr. Sapper focuses on all areas of occupational and mine safety and health law, including inspections, litigation, rulemaking, counseling and lobbying.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
“OSHA Turns 40”
EHS Today, April 27, 2011
Arthur Sapper noted that OSHA rulemaking “increasingly displays two related trends – the standards are becoming both increasingly programmatic and increasingly nebulous.” He said that new process safety management and communication standards “shift the burden of thought from OSHA’s rulemaking staff to employers” regarding compliance, which leaves employers “vulnerable to citation.” Mr. Sapper added that a forthcoming injury and illness prevention standard similarly “will threaten to become a citation mill.”
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
“The Clock is Ticking, But When Does It Start?”
Corporate Counsel, January 1, 2011
Arthur Sapper said of OSHA record-keeping violation citations against his industrial contractor client that “some charges are almost five years old and the statute of limitations is only six months.” Mr. Sapper asserted that OSHA’s action is “based on stale evidence,” and added, “Employers find it very difficult to reconstruct the facts of the case years later.”
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
2010
“OSHA Targets Records in Employer Inspections”
Occupational Health Management, December 2010
Eric Conn was interviewed regarding OSHA’s new program to assess the accuracy of employers’ injury and accident recordkeeping. “Inspections and the size of enforcement actions are increasing under the Obama Administration,” Mr. Conn said. “OSHA has not only increased the size of its enforcement team, but has also greatly increased the size of its enforcement actions.” He added: “There is no question about it. Employers should expect to see, and indeed are already seeing, increased fines and an increased focus by OSHA on recordkeeping issues.”
, Labor & Employment, OSHA, MSHA & Catastrophe Response
“Will OSHA Let the Past Be the Past?”
Human Resource Executive, December 12, 2010
Arthur Sapper, who is defending a client against OSHA citations issued up to four years after alleged safety violations, said that if the agency action is upheld “it means that employers would be subject to citation and penalties for very stale allegations of violation.” Mr. Sapper explained the difficulty this causes: “Memories go bad. Witnesses leave or they die. In fact, in [this] case, the first of the two record keepers actually died by the time OSHA actually started the inspection.”
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
“OSHA Case May Break New Legal Ground”
Blog of Legal Times, November 11, 2010
Arthur Sapper defended a Louisiana contractor in a rare OSH Review Commission hearing of oral arguments regarding how much time can elapse between an alleged safety violation and the issuing of an OSHA citation. Mr. Sapper argued that recent case law calls for no more than a six-month lapse, and said current OSHA practice of waiting up to five years means employers are “trying to defend a case based on stale evidence. Employers find it very difficult to reconstruct the facts of the case years later.” Mr. Sapper’s defense was also noted in the New Jersey Law Journal (November 15, 2010).
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
“Settlement Reached in Essay-Mill Lawsuit”
Chronicle of Higher Education, October 25, 2010
Eric Conn, who represented students in a class action lawsuit against a company that sold their term papers on the Internet without permission, praised a settlement ending this activity. “Our entire purpose was to stop the conduct,” Mr. Conn said. “Since Internet resources are so readily available, we think this ruling is a positive step to enhance academic integrity.”
, Labor & Employment, OSHA, MSHA & Catastrophe Response, Trial
Arthur Sapper was mentioned on the FDRSafety blog (July 27) for his recent article on how companies can avoid “willful” or “repeated” safety violations when dealing with OSHA inspectors. Calling Mr. Sapper “one of the real pros in the safety community,” the blog post summarized the five steps that Mr. Sapper proposed companies take, such as to avoid arguing with the inspector, the standards or employee complaints.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
James Lastowka was quoted by the Orlando Sentinel on June 28 concerning the efforts of SeaWorld Orlando to reach a pre-citation settlement with the U.S. Occupational Health & Safety Administration (OSHA) in the death of a killer whale trainer at the facility. With such and advance settlement, Mr. Lastowka said, “You can reach an agreement to separate the wheat from the chaff – before it comes out.” While OSHA has not commented on the settlement possibility, Mr. Lastowka noted that when the agency does announce acceptance of such an agreement, “There’s usually a more positive tone in the press release. There’s agreement and finality.”
James A. Lastowka, OSHA, MSHA & Catastrophe Response
Eric Conn and James Lastowka were both cited by Human Resource Executive Online (April 9) in a story about stepped-up Occupational Safety and Health Administration (OSHA) enforcement. Mr. Conn urged employers to conduct record-keeping audits to ensure that OSHA logs reporting all applicable illnesses and injuries are up to date, particularly as reporting standards change. Mr. Lastowka said that while companies may have OSHA compliance rules, they should “look at how effectively they’re being implemented and followed on the workplace floor,” adding that OSHA will look at whether companies “have reacted appropriately” on such issues as control of employee exposure to potentially harmful worksite materials.
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
James Lastowka provided Q&A responses in a January 2010 Clement Communications Special Report on David Michaels, the new head of the Occupational Safety and Health Administration (OSHA). Citing references to Michaels as "a new sheriff in town," Mr. Lastowka observed that "sheriffs enforce the law and that is what OSHA will be doing, in part to make up for what it sees as eight years of lax OSHA enforcement by the Bush Administration. They will be hiring more inspectors, conducting more inspections, characterizing more of the citations as serious, ... and substantially increasing the size of proposed penalties." Mr. Lastowka warned employers that "the only way to avoid OSHA fines is to understand and comply with OSHA requirements. If you are not in compliance and you are inspected, citations and fines will be issued." Click here to view the full article.
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
2009
James Lastowka spoke to EHS Today on December 1 concerning future occupational safety and health issues that companies are facing. He identified “the promised aggressive enforcement by the ‘new sheriff in town’” as the most significant new issue, adding: “There is a need and a place for strong enforcement when and where it is deserved. But a commitment to bring major enforcement actions to ‘send a message’ that does not also include a focused and objective effort to sort out the truly bad actors from those companies that actually do commit resources to safety is misguided.” Mr. Lastowka observed that “OSHA must be careful to not sacrifice the reputation of a company that makes substantial safety efforts to a perceived need for a dramatic headline to demonstrate its toughness and leverage its enforcement clout.”
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
2008
Robert C. Gombar was quoted in the March 6 issue of Employment Law360 in an article regarding President George W. Bush's recommended boost in funding for the Occupational Safety and Health Administration. As former general counsel for the Occupational Safety and Health Review Commission, Mr. Gombar noted that the increase for 2009 will do little to help the agency which has lacked necessary funding for the past 30 years. "No matter what amount of money OSHA is given in the budget, it is not going to be enough," Mr. Gombar said.
, OSHA, MSHA & Catastrophe Response
2006
Art Sapper was quoted in the May 22 issue of The Washington Post in response to a recent speech by new OSHA chief, Edwin G. Foulke, Jr. "Ed never said all unsafe conditions are due to employee misbehavior. The criticism that he did [do that] is off the mark," commented Art. This article also appeared on www.washingtonpost.com.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
Art Sapper was quoted by Occupational Hazards on March 15 in regard to the U.S. Senate confirmation of Edwin Foulke as the new assistant secretary of labor.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
James Lastowka was quoted in the March 14 issue of Mine Safety & Health News on Congressional calls for increased MSHA enforcement and penalties in the wake of the Sago Mine disaster.
James A. Lastowka, OSHA, MSHA & Catastrophe Response
2003
Art Sapper was quoted in The Case Against Lawyers, a book by Court TV personality Catherine Crier, which looks into the American legal system. Mr. Sapper was quoted in a section addressing the complexity of OSHA laws.
Arthur G. Sapper, OSHA, MSHA & Catastrophe Response
2001
Robert Gombar was quoted in the October 1 issue of Occupational Hazards regarding OSHA's revised record keeping regulation, scheduled to take effect on January 1, 2002.
