Mark  - E. - Heath

Mark E. Heath

  • Member
  • Co-Chair, OSHA & MSHA Practice Group
Charleston, W.Va.
304.340.3843 - office
304.541.1600 - mobile

Education

  • Western Kentucky University, B.A. cum laude, 1983
  • University of Kentucky College of Law, J.D., 1986

Admissions

  • West Virginia State Bar
  • Kentucky State Bar
  • West Virginia Supreme Court of Appeals
  • Supreme Court of Kentucky
  • United States Supreme Court
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States District Court for the Eastern District of Kentucky
  • United States Courts of Appeals for the Fourth and Sixth Circuits
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

  • Representing 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
  • Representing companies in precedent-setting WARN Act litigation, including an appellate case that upheld the use of the "unforeseeable business circumstances exception"
  • Providing guidance to companies throughout the United States on federal labor, employment, and wage and hour issues

Other Professional Experience

  • Former Partner, Heenan, Althen & Roles, LLP
  • Captain, United States Judge Advocate General's Corps, concentration in labor and administrative law and military justice

Professional Affiliations

  • Energy & Mineral Law Foundation
  • Kentucky Coal Association; Safety, Environmental and Legal Committees, Associate Board Member, 2014
  • West Virginia Coal Association, Safety Committee
  • Tug Valley Mining Institute
  • American Bar Association: Occupational Safety and Health Law Committee, Section of Labor and Employment Law; Section of Litigation
  • Kentucky Bar Association

Distinctions

  • Recognized by Chambers USA: America's Leading Lawyers for Business for Labor & Employment 
  • Nominated by his peers for inclusion in The Best Lawyers in America in the area of Energy Law
  • Listed in Who's Who in America, 2004

Presentations

  • "Hot Issues in Commission Litigation: SIgnificant and Substantial Designations," Energy and Mineral Law Foundation, Special Institute on Mine Safety and Health Law, Washington, D.C., April 2014
  • MSHA Update, West Virginai Coal Association Safety Workshop, January 2014
  • MSHA Update, Kentucky Coal Association, October 2013
  • "Surf's Up: The Tidal Wave of Changes in Mine Safety Law," EMLF 34th Annual Institute, Baltimore, MD, June 2013
  • MSHA Panel, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, Laguna Beach, CA, March 2013
  • "105c Cases," Kentucky Coal Association, Health & Safety Public Policy Seminar, Lexington, Ky., December 13, 2012
  • Moderator, MSHA panel, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, Sarasota, FL, 2012
  • "Pattern of Violation: The Changing Dynamic of Enforcement and Regulation Under the Mine Act," EMLF 32nd Annual Institute, Farmington, PA, 2011
  • Program Chair, Energy & Mineral Law Foundation, Annual Institute, Amelia Island, FL
  • Coal Program Chair, Energy & Mineral Law Foundation, 25th Annual Institute, Hot Springs, VA
  • Program Chair, Energy & Mineral Law Foundation, EMLF Mine Safety Conference, 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., Ch. 16, 2011
  • "Surf's Up, The Tidal Wave of Changes in Mine Safety Law," 34 Energy & Min. L. Inst., Ch. __, 2013
  • Chapter Editor, "The Federal Mine Safety and Health Act of 1977," Ch. 20, Occupational Safety and Health Law, 3rd Ed., Occupational Safety and Health Law Committee, Section of Labor and Employment Law, American Bar Association (Bloomberg BNA), 2014

Community Affiliations

  • Chairman, Administrative Council, Elizabeth Memorial United Methodist Church
©2016 Spilman Thomas & Battle, PLLC
Michael J. Basile / Responsible Attorney
800.967.8251