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.

Bar Admissions

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 Court for the Northern and Southern Districts of West Virginia
• United States District Court for the Eastern and Western Districts of Kentucky
• United States Court of Appeals for the Fourth, Sixth and District of Columbia Circuits

Education

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

Significant Accomplishments

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

Seminars/ Presentation

"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

• Coal Earnings Set to Plunge 50% in North America, Moody's Says

  By Mark Heath |June 2020

Additional Articles

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 and 2023 Revised Volumes
• "The Worker Adjustment and Retraining Notification Act," 22 Energy & Min. L. Inst. Ch. 8, 2002
• "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
• Moderator, Speaker and MSHA Track Coordinator, Mid-Winter Meetings of ABA Workplace Occupational Safety and Health Committee, Sarasota, FL and San Diego, CA meetings, 2022, 2023 and virtual 2021 meeting
• Moderator, “MSHA Accident Investigations: A to Z,” presenter on “Hot Topics for All Mine Safety,” and MSHA track coordinator, Mid-winter Meeting of American Bar Association Occupational Safety and Health Law Committee, Palm Springs, California, March 2020
• Hot Topics in Mine Safety Law, EMLF 40^th 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
• Numerous private employers