Dennise R. Smith
Charleston, WV
office 304.720.4076
  • Overview
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  • Publications & Presentations
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Ms. Smith’s primary area of practice is workplace safety issues (MSHA and OSHA).


  • West Virginia University, B.A., magna cum laude, 1991
  • West Virginia University College of Law, J.D., 1996


  • Assisting in representation of employers on OSHA and MSHA matters, and before state safety agencies regarding interpretations of regulatory requirements, significant citations and orders, accident investigations, special investigations, and employment discrimination issues related to safety
  • Counseling small businesses on compliance with OSHA and other laws impacting the workplace, including drafting drug testing policies, employee handbooks and safety policies
  • Participating in litigation, including conducting and defending depositions of parties, expert witnesses and witnesses, trial court oral arguments, mediations and settlement conferences
  • Representing clients in employment law, wage and hour, class actions and mass torts
  • Managing document issues and e-discovery in mass torts/complex litigation
  • Preparing and arguing cases before the West Virginia Supreme Court of Appeals
  • Former Administrative Law Judge for West Virginia Unemployment Compensation Appeals Board
  • Served as staff counsel for the West Virginia House of Delegates’ Committee on the Judiciary and the Committee on Constitutional Revisions, including drafting, analyzing and preparing legislation for consideration by the Committees
Chemical Compliance, Privacy & Investigations Deliberate Intent Litigation Litigation OSHA & MSHA


  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • State Bar of California, Inactive
  • Ohio State Bar, Inactive

Publications & Presentations

  • Co-author, "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)
Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 7 Currents - Energy Industry Insights: Issue 47, 2020 Currents - Energy Industry Insights: Issue 46, 2020 Currents - Energy Industry Insights: Issue 41, 2020 Currents - Energy Industry Insights: Issue 34, 2020 Currents - Energy Industry Insights: Issue 31, 2020 Currents - Energy Industry Insights: Issue 26, 2020 UPDATED OSHA Considerations for Recording COVID-19 Illnesses OSHA Considerations and COVID-19 Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019 Coal Associations' Emergency Regulation Win is a Win for the Industry Employer Gets 7-Figure Judgment Bankruptcy Court Decision Affirmed for Creditor Client