Heath, Mark E.
Mr. Heath's primary areas of practice are
safety issues
(MSHA and OSHA),
labor and employment
law and litigation. His work involves both federal and state court actions, as well as administrative cases before federal and state agencies.
Representative Experience
- Represents employers on OSHA and MSHA matters, and state safety agencies regarding interpretations of regulatory requirements, significant citations and orders, accident investigations, special investigations, and employment discrimination issues related to safety
- Represented companies in precedent-setting WARN Act litigation, including an appellate case that upheld the use of the "unforeseeable business circumstances exception"
- Provides guidance to companies throughout the United States on federal labor, employment, and wage and hour issues
Education
- Western Kentucky University, B.A. cum laude, 1983
- University of Kentucky College of Law, J.D., 1986
Admissions
- West Virginia and Kentucky State Bars
- Supreme Courts of West Virginia and Kentucky
- United States District Courts for the Northern and Southern Districts of West Virginia and the Eastern District of Kentucky
- United States Courts of Appeals for the Fourth and Sixth Circuits
- United States Supreme Court
Affiliations
- Energy & Mineral Law Foundation
- Kentucky Coal Association; Safety, Environmental and Legal Committees
- West Virginia Coal Association, Safety Committee
- Tug Valley Mining Institute
- American Bar Association
- Kentucky Bar Association
Speeches and Presentations
- Energy & Mineral Law Foundation, EMLF Mine Safety Conference, Program Chairman, 2008
- Kentucky Mineral Law Conference, Program Chairman, 1998, 2001; Co-chair, 2002
- West Virginia Coal Association
- West Virginia Manufacturers Association
- Kentucky Mining Institute
- Platts 10th Annual Coal Properties Investments Conference
- Financial Times, 9th Annual Coal Properties Conference
- Coal Lawyers Conference, National Mining Association
- Tug Valley Mining Institute
- Committee on Alternative Dispute Resolution in Labor and Employment Law, Mid-Winter Meeting 2001, American Bar Association
- Lorman Educational Services and National Business Institute
- The Cambridge Institute
- Numerous private employers
Publications
- "The Worker Adjustment and Retraining Notification Act," 22 Energy & Min. L. Inst. ch. 8 (2002)
- "A Work Place Surveillance: Who's Watching?," Journal of Natural Resources & Environmental Law, Vol. 16, No. 1, (2001)
- "Section 110(c) Liability Under the Mine Act: A Fresh Look at Theories of Liability, Defenses and Representation Issues," 27 Energy & Min. L. Inst. ch. 9 (2007)
- "Increased Enforcement and Higher Penalties Under the Mine Act -- Do They Improve Worker Safety?", 30 Energy & Min. L. Inst. ch. 10 (2009)
- "Pattern of Violation: The Changing Dynamic of Enforcement and Regulation Under the Mine Act," 32 Energy & Min. L. Inst. (2011)
Other
- Listed in Who's Who in America, 2004
- Former Partner: Heenan, Althen & Roles, LLP
- Captain, United States Judge Advocate General's Corps, concentration in labor and administrative law and military justice
- Chairman, Trustees, Elizabeth Memorial United Methodist Church