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Benjamin J. Ross

Associate, Denver
Denver
t: 303.218.3674
f: 303.218.3651

Overview

Benjamin Ross is an associate in the Denver office. Ben represents clients in a variety of matters under the Federal Mine Safety and Health Act (MSHA), Occupational Safety and Health Act (OSHA), Motor Carrier Safety Act, and other state and federal statutes regarding compliance issues, policy, legislative and regulatory matters, civil and criminal enforcement issues, accident investigations, and special investigations.

Ben has successfully represented his clients to obtain MSHA and OSHA citation modifications and dismissals and has successfully defended MSHA discrimination complaints against mine operators. He’s also managed MSHA and OSHA investigations that resulted in no citations, and successfully represented employers in employment disputes

Ben previously served as a law clerk to the Honorable Richard W. Manning, Administrative Law Judge for the Federal Mine Safety and Health Review Commission, where he researched and drafted decisions and orders addressing agent liability, miner compensation, and discrimination claims. He regularly served as the settlement attorney for cases involving civil penalties and discrimination complaints. While in law school, he also clerked for the Honorable D. Michael Fisher in the United States Court of Appeals Third Circuit.

Honors & Leadership

Honors & Awards

  • Named to the 2019 Colorado Rising Stars list by Super Lawyers

Professional Activities

  • American Bar Association
  • Denver Bar Association
  • Energy & Mineral Law Foundation
  • Faculty of Federal Advocates
  • Colorado Stone Sand & Gravel Association and Colorado Ready Mixed Concrete Association
  • Steel Erectors Safety Association of Colorado

Community Activities

  • Colorado Pledge to Diversity, Board Member
  • 1L Clerkship Program, Executive Committee Co-Chair

Insights

Seminars & Speaking Engagements

  • Presenter, “Effect of OSHRC ALJ’s Outback Decision on Steel Erection Standards,” Steel Erectors Safety Association of Colorado (2019)
  • Presenter, “Federal Motor Carrier Safety Administration Updates,” Colorado Stone, Sand & Gravel Association/Colorado Ready Mixed Concrete Association (2019)
  • Presenter, “Department of Transportation Hours of Service and the Electronic Logging Device Rule,” Colorado Stone, Sand & Gravel Association/Colorado Ready Mixed Concrete Association (2017)
  • Presenter, "Managing Contractors on the Mine Site," Missouri Limestone Producers Association 72nd Annual Conference (2016)

Articles

  • Author, "Understanding MSHA’s Scofflaw Procedure," Aggregates Manager magazine (February 2019)
  • Author, "ALJ appointment errors may create opportunities," Aggregates Manager magazine (October 2018)
  • Author, "Have DOT-regulated drivers? Then get ready for ELD," Aggregates Manager magazine (March 2018)
  • Author, "Commission decisions provide guidance on Part 50 reporting requirements," Aggregates Manager magazine (Oct. 2017)
  • Author, "Understand the contradictory case law around berms," Aggregates Manager magazine, (2017)
  • Co-author with K. Brad Oakley, "A new case may change the challenge process for S&S violations," Aggregates Manager magazine (2016)
  • Author, "Congressional Review Act is unlikely route to overturn recent rule makings," Aggregates Manager magazine (2016)
  • Co-author with Patrick Wayne Dennison, "Share feedback on MSHA's proposed workplace exam rule," Aggregates Manager magazine (2016)
  • Co-author with Christopher G. Peterson, "Understanding MSHA’s rules and principles can help operators guard against guarding citations," Aggregates Manager magazine (2016)
  • Author, "A guide to settling MSHA cases through mediation," Aggregates Manager magazine (2016)
  • Co-author with Kristin R.B. White, "Will 2016 bring more criminal prosecutions under the DOL/DOJ worker safety initiative?," Aggregates Manager magazine (2016)
  • Author, "Tips for meeting MSHA's tougher criteria for workplace examinations," Aggregates Manager magazine (2015)

Education

Bar Admissions

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