Arthur M. Wolfson is a partner in Fisher Phillips’ Pittsburgh office.  He is a member of the firm’s Workplace Safety and Catastrophe Management practice group. He represents mining and industrial clients in their compliance with federal and state occupational safety and health laws and regulations. Arthur frequently litigates enforcement actions before administrative tribunals including the Federal Mine Safety and Health Review Commission (FMSHRC) and the Occupational Safety and Health Review Commission (OSHRC) as well as Courts of Appeals. He has participated in accident investigations and conducted internal investigations on behalf of clients.  A substantial portion of Arthur’s practice is devoted to preventative measures, including compliance counseling and training.

In addition to representing clients in the mining industry, Arthur represents industrial clients on a wide range of workplace safety and health matters including accident investigations, compliance and litigation. 

Arthur is a well-respected speaker and writer on issues associated with workplace safety and health.  He draws on his experience as an educator to conduct dynamic and thoughtful presentations on issues that are critical to employers throughout the mining industry.  He is an active member of key industry associations and is a regular contributor to mining publications.

Honors & Awards

• University of Pittsburgh Law Review
• Faculty Award for Excellence in Legal Scholarship (2005)

Professional Activities

• Pennsylvania Coal Alliance
• Indiana Coal Council
• Illinois Coal Association Safety Committee
• Indiana Mineral Aggregates Association
• National Stone, Sand and Gravel Association, Legal Affairs Committee
• National Lime Association
• Pennsylvania Aggregates and Concrete Association
• Allegheny County Bar Association Labor and Employment Section
• Energy & Mineral Law Foundation
• Co-Chair of 2018 Mine Safety & Health Special Institute

Community Activities

• Teach for America Recruiter
• Teach for America Alumni Club of Western Pennsylvania

News

Seminars & Speaking Engagements

• "When Drones Attack: Implications of Regulatory Inspections and Data Gathering Using Unmanned Aircraft
  Systems," Illinois Mining Institute, Marion, Illinois, Aug. 2016
• "The Rise of Section 105(c) Whistleblower Complaints and Best Practices for Operators," National Lime Association
  Annual Meeting, Charleston, South Carolina, June 2016
• "Pattern of Violations Update," Pittsburgh Coal Mining Institute of America/Pennsylvania Coal Association Health and
  Safety Seminar, Greensburg, Pennsylvania, June 2016
• "Legal Protection in MSHA Enforcement," Indiana Mineral Aggregates Association Spring Thaw, Indianapolis,
  Indiana, March 2016
• "Managing MSHA's Emphasis on Workplace Examinations," National Stone, Sand and Gravel Association Webinar,
  Jan. 26, 2016
• "Roadblocks to Implementing Technological Change," West Virginia Coal Association Annual Symposium,
  Charleston, West Virginia, Jan. 2016
• "Practical Application of IOSHA's New Injury Reporting Requirements: What to do When a Workplace Injury Occurs,"
  WorkOne Southwest Indiana Quarterly Business Seminars, Evansville, Vincennes, Fort Branch and Jasper, Indiana,
  July-Sept. 2015
• "Where are we with Flagrant and POV," Jackson Kelly PLLC Quarterly Webinar, May 2015
• "Significant Legal Trends in Mine Safety and Health," National Stone, Sand and Gravel Association Legal
  Symposium, Baltimore, Maryland, March 2015
• "Know Your Rights: A Review of Operators' Rights During Enhanced Enforcement Actions," Indiana Coal Council,
  Indianapolis, Indiana, Dec. 2014
• "Know Your Rights: A Review of Operators' Rights During Enhanced Enforcement Actions," Southeast Mine Safety
  and Health Conference, Birmingham, Alabama, Nov. 2014
• "Pattern of Violations - The Rule, The Criteria and the Litigation," Pittsburgh Coal Mining Institute of
  America/Pennsylvania Coal Association Health and Safety Seminar, Greensburg, Pennsylvania, June 2014
• "MSHA Compliance: From Inspection to Litigation," Jackson Kelly PLLC Quarterly Webinar, June 2014
  "MSHA Compliance: From Inspection to Litigation," Jackson Kelly Illinois Basin Seminar, Evansville, Indiana, and Mt.
  Vernon, Illinois, May 2014
• “Trends in Appellate Decisions Concerning Mine Safety and Health," National Stone, Sand and Gravel Association
  Legal Symposium, Las Vegas, Nevada, March 2014
• "Review of Recent Commission and Circuit Court Decisions," Indiana Coal Council, Indianapolis, Indiana, Dec. 2012
• "S&S after Cumberland," Pittsburgh Coal Mining Institute of America/Pennsylvania Coal Association Health and
  Safety Seminar, Greensburg, Pennsylvania, June 2012
• "Abuse of Discretion: MSHA's Impermissible Use of 103(k) Orders," EMLF 33rd Annual Institute, Charleston, South
  Carolina, June 24-26, 2012
• "MSHA Penalty Settlements: Are Things About to Go From Bad to Worse?," Kentucky Mineral Law Conference,
  Lexington, Kentucky, Oct. 2010
• "Developments before the ALJ's on S&S: A New Approach?," Pittsburgh Coal Mining Institute of
  America/Pennsylvania Coal Association Health and Safety Seminar, Greensburg, Pennsylvania, June 2009

Articles

• "FMSHRC upholds suspended load violation," Aggregates Manager magazine, Aug. 2018
• "Regulations need to be made through rulemaking, not policy," Aggregates Manager magazine, May 2018
• "Review Commissioner needed: independent thinkers, please," Aggregates Manager magazine, May 2017
• "MSHA inspector abused his authority with unreasonable abatement deadlines," Aggregates Manager magazine
  (May 30, 2016)
• "How to Manage the Challenges Created by Increased MSHA Workplace Examinations," National Stone, Sand and
  Gravel Review (Nov. 2015) (Co-authored with L. Beverage)
• "MSHA's new RTLB compliance tool may come with a price," Aggregates Manager magazine (May 1, 2015)
• "What is an 'injury which has a reasonable potential to cause death?,'" Aggregates Manager magazine (April 2014)
• "Review Commission Issues Troubling Decision on “Repeated Flagrant” Violations," Aggregates Manager magazine
  (May 2013)
• "Lost in the Rubble: How the Destruction of Public Housing Fails to Account for the Loss of Community," 9 Chapman
  Law Review 51 (2005)
• "Business Support of Affirmative Action and Discriminatory Hiring Practices: Contradictory or Compatible?," 27
  Western New England Law Review 197 (2005)

Blog Posts

Legal Alerts

Newsletter Articles