Pat Miller

Pat has over two decades of experience assisting companies in developing and implementing workplace safety and health policies and programs, with a particular focus on OSHA- and MSHA-required policies.

Pat is a skilled practitioner, offering sophisticated advice to ensure compliance with federal and state safety regulations. Representing numerous clients, including big-name clients across many industries, he is among the most highly regarded Occupational Safety and Health Administration (OSHA) attorneys in Colorado.

Clients rely on him as a trusted advisor when catastrophic events or workplace fatalities occur. Pat is incredibly quick, responsive, and skilled in coordinating accident investigations, including emergency response, crisis communications/public relations, OSHA/Mine Safety and Health Administration (MSHA) investigations, and insurance coverage concerns. He brings value-added insight when representing employers in handling these matters.

He also defends companies in litigation before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and many state-plan occupational safety and health boards. Throughout his career, he has handled dozens of investigations involving workplace safety and health accidents and inspections, and he has represented clients in dozens more cases before the Occupational Safety and Health Review Commission and state-plan adjudicative bodies. Also, Pat has extensive experience representing employers’ claims of retaliation brought under numerous federal statutes and state law.

Experience

• Advises on employment and safety and health compliance issues; develops and implements employment, safety and health programs, including OSHA- and MSHA-required policies; supervises training and education; and assists with or supervises OSHA and MSHA inspections.
• Investigates and coordinates catastrophic and fatality accidents, including OSHA/MSHA, emergency response, insurance, and public relations concerns.
• Defends employers before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and numerous state-plan occupational safety and health boards.
• Represents employers’ claims of discrimination brought under federal and state law.

Reported Cases

• Secretary of Labor v. Cargill Meat Solutions Corp., No. 10-1156 (Occupational Safety and Health Review Commission, 2012) (In case of first impression, citations for non-payment of required footwear vacated).
• United States of America v. Xcel Energy, Inc. et al., No. 09-cr-00389 (U.S. District Court, 2011) (Assisted criminal defense counsel in successful acquittal of OSHA criminal charges).
• Secretary of Labor v. Suncor Energy (U.S.A.) Inc., No. 13-0900 (Occupational Safety and Health Review Commission, 2019) (Vacating citation brought under OSHA’s multiemployer citation policy and criticizing the agency’s use of the practice).