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Arthur G. Sapper is a partner in the law firm of McDermott Will & Emery LLP based in the Washington, D.C. office. He is a member of the Firm's Labor and Employment and OSHA, MSHA & Catastrophe Response Groups, where his practice focuses on all areas of occupational safety and health (OSHA) law and mine safety and health (MSHA) law, including inspections, litigation, rulemaking, counseling and lobbying. He 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 Occupational Hazards magazine.
Prior to 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. Previously Art was an adjunct professor of law at the Georgetown University Law Center, where he taught for nine years a graduate course in occupational safety and health law.
Art has testified several times before Congress on OSHA issues.
Representative Experience
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
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
Reich v. General Motors, 89 F.3d 313 (6th Cir. 1996): Wrote brief convincing court to strike down major OSHA interpretation of lockout standard
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
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 | 