Paul Waters


AREAS OF PRACTICE:


Mr. Waters focuses his practice on defending companies against the government when they receive violations from state and federal occupational safety and health agencies (OSHA). He represents companies when state Occupational Safety and Health agencies or federal OSHA proposes rules that will affect their businesses. He also represents clients with whistleblower claims brought under state law, like the Florida Whistleblower's Protection Act, or federal laws such as the Occupational Safety and Health Act, Sarbanes-Oxley, or the Surface Transportation Assistance Act. Depending on the type of whistleblower claim, it may be investigated by state agencies or federal OSHA, and decided by a state court or the U.S. Department of Labor's Administrative Review Board.


REPRESENTATIVE PUBLISHED DECISIONS:


Montgomery Kone, Inc. v. Secretary of Labor, United States,  234 F.3d 720 (D.C. Cir. 2000)


Secretary of Labor, United States v. Copperhead Chemical Company

  U.S. Occupational Safety and Health Review Comm’n Dkt. No. 99-2198 (November 15, 2000)


Secretary of Labor, Commonwealth of Kentucky v. ThyssenKrupp Elevator Corp.

  Kentucky Occupational Safety and Health Review Comm’n Dkt. No. 3692-02 (June 9, 2003)


Otis Elevator Company v. Dept. of Consumer & Industry Services, Bureau of Safety Regulation

  Michigan Court of Appeals Dkt. No. 247344 (April 10, 2004)


Secretary of Labor, United States v. New York Elevator, Inc.

  U.S. Occupational Safety and Health Review Comm’n Dkt. No. 05-1190 (June 1, 2006)


Secretary of Labor, United States v. Otis Elevator Company

  U.S. Occupational Safety and Health Review Comm’n Dkt. No. 03-1344 (Sept. 27, 2007)


Secretary of Labor, United States v. Otis Elevator Company

  U.S. Occupational Safety and Health Review Comm’n Dkt. No. 09-1278 (Jan. 14, 2011) (on appeal)


Secretary of Labor, United States v. Otis Elevator Company

  U.S. Occupational Safety and Health Review Comm’n Dkt. No. 10-1057 (May 6, 2011) (citation vacated after appeal)


California Division of Occupational Safety and Health v. Otis Elevator Company

  California Occupational Safety and Health Appeals Board, Dkt. Nos. 10-R3D2-3832 to 3833 (August 29, 2012)


Secretary of Labor, United States v. Otis Elevator Company

  U.S. Occupational Safety and Health Review Comm’n Dkt. No. 12-0817 (Nov. 26, 2012)


California Division of Occupational Safety and Health v. ThyssenKrupp Elevator Company

  California Occupational Safety and Health Appeals Board, Dkt. Nos. 11-R2D1-2217 to 2219 (Dec. 28, 2012) (on appeal)


Secretary of Labor, United States v. Delta Elevator Service Corp.,

   U.S. Occupational Safety and Health Review Comm’n Dkt. No. 12-1446 (Sept. 17, 2013)



PUBLICATIONS / PRESENTATIONS:


“How to Avoid OSHA Pitfalls,” Elevator World magazine, July 2013


“How OSHA and the Arbitrary Enforcement of U.S. Government Laws Affect Us All,” Elevator World magazine, October 2012


“Field Safety: Lockout/Tagout Can Be Required More Than You Think,” Elevator World magazine, March 2012


“Comments from the Review Commission Chairmen,” Moderator, American Bar Association Occupational Safety and Health Committee Mid-Winter Meeting, March 15, 2012

 

"The Arc Flash Dance," Elevator World magazine, November, 2011


"Complying with OSHA Standards," Panelist, Nat'l Assoc. of Elevator Contractors Annual Convention, Safety Educational Session, September, 2011


"Voluntary Consensus Standards," SH&E Digest, American Society of Safety Engineers, March 2011


"The Real Clout of Consensus Standards," Elevator World magazine, March 2011

Reprinted in Lift Journal, the magazine for the Russian elevator industry, Vol. 9, No. 88, 2011.


"OSHA Expands Employers’ Exposure to Whistleblower Claims," Counsel’s Corner, The Synergist, September, 2010


"OSHA's New Leadership Signals Increased Enforcement," NEEI Now, newsletter of the Nat'l Elevator Indus., Inc.,  Fall 2010 edition


"Showdown at the OSHA Corral," Elevator World Magazine, October 2010


“Combustible Dust Enforcement Update”,  Presenter, Carpet Cushion Council, October 2010


"OSHA Enforcement Activities," Presenter, Nat’l Elevator Indus., Inc. Safety Committee, Summer 2010


"Handling an OSHA Inspection," Presenter, Nat'l Assoc. of Elevator Contractors Annual Convention,  Safety Educational Session, September, 2009


"OSHA Developments," Presenter, Nat’l Elevator Indus., Inc. Safety Committee, Spring 2008


“Judicial Control Over Trial Presentation,” Panelist, OSH Review Commission Annual Judges’ Conference, 2008


"Recent Developments in Criminal Law," Presenter, OSH Review Commission Annual Judges’ Conference, 2008


"Nanotechnology: Waiting for OSHA," Presenter, NSTI Nanotech Conference, May 2007


“Significant Legal Developments,” Presenter, OSH Review Commission Annual Judges’ Conference, 2006



EDUCATION:


Brandeis University, B.A., cum laude, 1988

Brandeis University, M.A., International Finance and Economics, 1989

Boston College Law School, J.D., 1994



BAR ADMISSIONS:


Florida, 1994

Massachusetts, 1995

Virginia, 2002

Middle District of Florida

Eastern District of Virginia

Western District of Virginia

U.S. Court of Appeals, District of Columbia

U.S. Court of Appeals, Fourth Circuit

BUSINESS & CORPORATE LAW

Business Organization Business Transactions

OCCUPATIONAL SAFETY &

HEALTH LAW


OSHA & MSHA Inspections OSHA & MSHA Citation Defense Safety & Health Law Compliance OSHA & MSHA Rulemaking Mergers & Acquisitions