Mark E. Heath
Co-Chair, OSHA & MSHA Practice Group | Member
Charleston, WV
office 304.340.3843
mobile 304.541.1600
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Community Involvement
  • Resources

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.

Education

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

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
  • Captain, United States Judge Advocate General's Corps, concentration in labor and administrative law and military justice
Deliberate Intent Litigation Energy Law Litigation Natural Resources OSHA & MSHA

Distinctions

  • Recognized in 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, 2019, 2007, 2004
  • American Bar Association - Labor and Employment Section Leadership Development Class, 2016

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 and Western Districts of Kentucky
  • United States Courts of Appeals for the Fourth and Sixth Circuits

Memberships

  • Energy & Mineral Law Foundation, Trustee (Executive Committee, 2004 - 2010; Secretary 2008 - 2009; Treasurer, 2007; Assistant Secretary, 2006)
  • Kentucky Coal Association, Safety, Environmental and Legal Committees, Association Board Member, 2019, 2015, 2014
  • West Virginia Coal Association, Safety Committee
  • Tug Valley Mining Institute
  • Kanawha Valley Mining Association
  • American Bar Association: Occupational Safety and Health Law Committee, Section of Labor and Employment Law; Section of Litigation

Publications & Presentations

  • 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, Labor and Employment Law Section, American Bar Association (Bloomberg BNA), 2014, 2016 Supplement, 2019 Revised Volume
  • "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., 2013
  • Hot Topics in Mine Safety Law, EMLF 40th Annual Institute, Washington, DC 2019
  • OSHA Jurisdiction Over Inactive and Abandoned Mine Properties, Kentucky Mineral Law Conference 2018
  • OSHA Jurisdiction Over Inactive and Abandoned Mine Properties, Kentucky Coal Association, 2018
  • OSHA and MSHA Jurisdiction Over Inactive and Abandoned Mine Properties, West Virginia Mine Institute, 2018
  • "Current MSHA 105(c) Issues", Special Institute on Mine Safety and Health Law, Washington, D.C., April 2018
  • Pattern of Violations Cases After Pocahontas Coal and Track Coordinator, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, San Juan, PR, March 2019
  • "105c Temporary Reinstatement: Economic vs. Actual Reinstatement and Other Issues" and Track Coordinator, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, Santa Monica, CA, February 2018
  • MSHA Panel, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, Palm Beach, FL, March 2017
  • MSHA’s Right to Company Records in 110(c)/105(c) Investigations, Accident Investigations and Part 50 Audits, Kentucky Mineral Law Conference 2016
  • MSHA Investigations and Document Requests," EMLF Special Institute on Mine Safety and Health Law, Washington, D.C., April 2016
  • "MSHA Issues Panel" EMLF 36th Annual Institute, Amelia Island, FL 2015
  • Increased Criminal Prosecution of Employers for Violation of the OSH Act and the Mine Act, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, Santa Barbara, CA, March 2016
  • Hot Topics in Mine Safety: Proposed Part 100 Penalty Changes, New Proximity Regulations and the First Pattern of Violations Decisions, Mid-Winter Meeting of American Bar Association Occupational Safety and Health Committee, March 2015
  • "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 Virginia 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
  • What is MSHA Digging up Now? Developments in the Practice of Mine Safety, 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
  • "Discrimination and Temporary Reinstatement," EMLF Special Institute on Mine Safety and Health Law 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
  • Litigating Pattern of Violations Cases: Observations from the Knox Creek PPV Hearing, Kentucky Mineral Law Conference 2010
  • Hot Topics in Mine Safety Law, Kentucky Mineral Law Conference 2009
  • Mine Crisis Management Panel, EMLF Special Institute on Mine Safety and Health Law 2008
  • MSHA Update, Kentucky Mineral Law Conference 2007
  • Mine Safety & Rescue Technology–Meeting the Mandates of the MINER Act, EMLF Special Institute on Mine Safety and Health Law 2006
  • "Fair Notice Under the Mine Act," EMLF Special Institute on Mine Safety and Health Law 2004
  • 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

Community Involvement

  • American Bar Association - Labor and Employment Section, Employer Co-Chair; Pro Bono Section and Community Outreach Committee
  • American Bar Association - Labor and Employment Section Liaison to Standing Committee on Pro Bono and Public Service
Currents - Energy Industry Insights: Issue 31, 2019 Currents - Energy Industry Insights: Issue 30, 2019 67 Spilman Attorneys Recognized by Best Lawyers Currents - Energy Industry Insights: Issue 29, 2019 Currents - Energy Industry Insights: Issue 28, 2019 Currents - Energy Industry Insights: Issue 27, 2019 Currents - Energy Industry Insights: Issue 26, 2019 Currents - Energy Industry Insights: Issue 25, 2019 Currents - Energy Industry Insights: Issue 24, 2019 Currents - Energy Industry Insights: Issue 23, 2019