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Rodney L. Smith

Rodney L. Smith

633 Seventeenth Street
Suite 3000
Denver, CO 80202

Phone: 303.299.8197
Fax: 303.298.0940
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Member

Areas of Emphasis

Occupational Safety and Health
Safety and Health
Mine Safety and Health
Labor and Employment

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Representative Matters

  • Advice on employment, safety and health compliance
  • Development of employment, safety and health programs, including OSHA and MSHA policies
  • Supervisor training
  • OSHA and MSHA inspections
  • Catastrophic and fatality accident investigations and coordination, including OSHA/MSHA, emergency response, law enforcement, insurance and public relations
  • Defense of citations before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and state occupational safety and health agencies
  • With the assistance of criminal defense counsel, defense of state and federal safety and health criminal prosecutions

    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. Stahl Roofing, Inc., Nos. 00-1268 and 00-1637 (Occupational Safety and Health Review Commission, 2003) (Fall protection citations vacated on employee misconduct defense.)
  • Secretary of Labor v. Mobile Premix Concrete, Inc., No. 95-1192 (Occupational Safety and Health Review Commission, 1997) (Willful confined space citations reduced.)

 

Professional Activities

  • Member, American Bar Association Committee on Occupational Safety and Health
  • Board of Directors, Colorado Safety Association
  • Past-Chairman, Colorado Bar Association Labor Law Committee

Education

  • Juris Doctor, University of Colorado School of Law, 1975
    • Articles Editor, Colorado Law Review
  • Bachelor of Arts, cum laude, University of Colorado, 1970

Honors and Awards

  • Best Lawyers' 2012 and 2013 Labor Law - Management Lawyer of the Year, Denver, CO
  • Listed in Colorado Super Lawyers

Previous Experience

  • Clerk to Chairman, Occupational Safety and Health Review Commission, 1975