PUBLICATIONS

For the Record: Are your documents in order?,OCCUPATIONAL HAZARDS (June 2005).

Site Safety, NEW YORK CONSTRUCTION LAW, co-author Ch. 8 (March 2003).

Site Safety, NEW YORK CONSTRUCTION LAW, co-author Ch. 8 (March 2003).

OSHA's New Recordkeeping Rules:  Déjà vu All Over?, OCCUPATIONAL HAZARDS (May 2001).

The Supreme Court Substantially Cuts Back on Chevron Deference:  United States v. Mead Corp., 533 U.S. 218 (2001) (No. 99-1434, June 18, 2001), published by the Energy & Mineral Law Foundation at <http://www.emlf.org/lastowka.htm> (June 2001).

Deference to Agency Interpretations:  Abdication to Ambiguity, 20 ENERGY & MIN. L. INST. Ch. 3 (2000).

Ten Keys to Avoiding OSHA Liability, OCCUPATIONAL HAZARDS (October 1999).

Conducting an OSHA 'Due Diligence' Review, OCCUPATIONAL HAZARDS (April 1998).

OSHA's Process Safety Standard: Key Lessons from the First Five Years, OCCUPATIONAL HAZARDS (July 1997).

OSHA's Process Safety Standard:  Key Lessons from the First Five Years (Part II) OCCUPATIONAL HAZARDS (August 1997).

Walking the MSHA Investigation Tightrope - Implementing an Effective Inspection Management Plan, 17 ENERGY & MIN. L. INST. CH. 8 (1997).

The Future of MSHA Enforcement, OCCUPATIONAL HAZARDS (May 1996).

The Hazards of Hiking the Paper Trail:  OSHA Documentation Issues, OCCUPATIONAL HAZARDS (March 1995).

Mine Safety – Building an Effective Contractor Compliance Program, OCCUPATIONAL HAZARDS (November 1994).

MSHA Ups The Ante In Mine Safety Enforcement, OCCUPATIONAL HAZARDS (September 1993).

PRESENTATIONS

Ethics in Practice Before the Federal Mine Safety & Health Review Commission, Energy & Mineral Law Foundation, Special Institute on Mine Safety and Health Law (June 2004).

OSHA’s New Enhanced Enforcement Program (EEP), Peter Kiewit Sons, Inc., District Safety Managers Meeting (April 2004).

Manager Training:  Your Rights, Responsibilities and Liabilities Under OSHA & MSHA, Rinker Materials Corp. (March 2004).

Walking The OSHA Inspection Tightrope, GEA Integrated Cooling Technologies, Inc., (October 2001).

Regulation By Policy Memorandum: What The Future Holds for Rulemaking by Policy Memo After Barrick Goldstrike and Appalachian Power in the D.C. Circuit, and American Trucking in the Supreme Court, Energy and Mineral Law Foundation, Mine Safety and Health Special Institute (March 2001).

"OSHA's New Recordkeeping Rule - Déjà vu All Over Again?" Peter Kiewit Sons, Inc., District Safety Managers Meeting (March 2001).

An Overlooked Risk in M&A's:  Have You Done Your Safety and Health Due Diligence, Organization Resource Counselors, Inc. (May 2000).

A Holistic View of Workplace Safety & Health; Its Just Not OSHA Anymore, McDermott, Will & Emery LEO Seminar on Current Topics in Labor, Employment & OSHA Law, (October 2000).

OSHA v. MSHA - Where Do We Draw The Line:  Jurisdictional and Enforcement Issues, Edison Electric Institute, (April 1999).

Deference to Agency Interpretations: Abdication to Ambiguity, National Mining Association, Mining Lawyers Conference (September 1999).

Deference to Agency Interpretations: Abdication to Ambiguity, Energy and Mineral Law Foundation, 20th Annual Institute (May 1999).

Operator Status Under the Mine Act, National Counselors of Coal Lessors, Inc. (April 1998).

Effective Management of OSHA Litigation, Organization Resource Counselors, Inc. (May 1998).

Operator Liability Under the Mine Act, Mine Regulation Reporter 5th Annual Mine Safety and Health Conference (March 1998).

Operator Status and Liability Under the Mine Act: Background, Issues and Limits, National Mining Association, Mining Lawyers Conference (September 1997).

MSHA Inspections and Investigations: Success – or Disaster – Depends on You, Mine Regulation Reporter, Mine Safety and Health Workshop (February 1997).

Walking the MSHA Investigation Tightrope - Your Rights, Risks and Responsibilities, Eastern Mineral Law Foundation, 17th Annual Mineral Law Institute (April 1996).

Mine Safety: A Practical Guide to Building an Effective Contractor Compliance Program, Colorado Safety Association, Western Mine Safety and Health Workshop (June 1995).

OSHA and EPA Process Safety Standards, Global Environmental Management Initiative GEMI '95 Conference (March 1995).

The Americans with Disabilities Act: How it Impacts Your Obligations Under the Occupational Safety and Health Act, The Business Forum on the Environment, Safety and Health (June 1994).

Strategic Tactics for Safety and Health Auditing, Occupational Hazards Magazine Conference (April 1994).

Writing Contracts for Services and Construction at Mine Sites, Eastern Mineral Law Foundation, Special Institute on Mine Safety and Health (March 1994).

OSHA Enforcement Issues Facing the Construction Industry, National Construction Safety Executives Fall Meeting (September 1993).

Confined Spaces: Building a Framework for Compliance, Occupational Hazards Magazine Conference (April 1993).

An Overview of Significant Issues Under the Federal Mine Safety and Health Act of 1977, 20th Annual Seminar, North Dakota Safety Council (February 1993).

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