J. Micah Dickie

Partner

Atlanta

404.260.3419

404.240.4249

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Overview

Micah Dickie is a litigator in the firm's Atlanta office. As a member of the firm’s Workplace Safety and Catastrophe Management Practice Group, Micah represents clients during safety and health inspections by the Occupational Safety and Health Administration (OSHA) and defends them during contested OSHA matters. To help avoid litigation, he counsels clients on best practices for mitigating the risk of workplace incidents and OSHA inspections. As a member of the firm’s Education Practice Group, Micah provides school clients with advice on policy reviews, drafting of contracts, and practical solutions to employment issues.

Micah joined the legal profession after ten years of real-world experience managing and operating restaurants, owning and operating his own restaurant, and working as a packer in a distribution facility. These experiences allow Micah to quickly understand client needs and propose efficient solutions to workplace safety and employment issues.

Obtained withdrawal of five Fed-OSHA serious citation items in addition to first offer by OSHA of 60% reduction in penalties and reclassification of one willful citation item to repeat after post-fatality citations issued involving hazardous substances, classified locations, respiratory protection, and hazard assessments
Negotiated 30% penalty reduction and obtained withdrawal of speculative citation item related to powered industrial trucks and combustible atmospheres issued by Fed-OSHA for biopolymer manufacturer after OSHA conducted multiple inspections with multiple inspectors at facility
Obtained grant of motion for protective order blocking attempts to depose out-of-state company CEO and obtained denial of opposing party’s request for attorney’s fees in litigation following a workplace fatality and subsequent Fed-OSHA citations involving flammable liquids, PPE, and powered industrial trucks
Represented K-12 institution in response to failure-to-educate claims and negotiated favorable settlement
Secured complete dismissal, affirmed on appeal, of whistleblower claim under 11(c) of the OSH Act for healthcare staffing agency after employee claimed termination for reporting alleged PPE shortages
Successfully limited scope of Fed-OSHA inspection of medical device company following forklift accident and allegations of workplace exposure to toxic and hazardous substances, resulting in no citations to employer
Obtained complete dismissal, affirmed on appeal, of whistleblower claim under 11(c) of the OSH Act for national manufacturer after employee claimed termination for reporting alleged safety issue related to combustible dust to management
Assisted harvesting company in objecting to Fed-OSHA’s production to third-party in response to FOIA request for company confidential commercial information that was produced to OSHA during past inspection
Obtained dismissal of whistleblower claim under 11(c) of the OSH Act for allegedly reporting a workplace injury for distribution center
Obtained dismissal of Fed-OSHA RRI complaint against automotive dealership that alleged improper COVID-19 mitigation efforts
Successfully limited scope of Fed-OSHA inspection of biofuels producer and later obtained pre-contest reclassification or withdrawal of three out of four citation items issued by Fed-OSHA following flash fire-related fatality
Successfully limited scope of Fed-OSHA inspection of long-term care facility following allegations of workplace exposure to respiratory hazards, resulting in no citations to employer
Obtained complete dismissal, affirmed on appeal, of whistleblower claim under 11(c) of the OSH Act for forming fabrics manufacturer after employee claimed termination for reporting alleged air quality hazards
Obtained complete dismissal of whistleblower claim under 11(c) of the OSH Act for restaurant chain after employee claimed termination for reporting alleged improper COVID-19 mitigation efforts
Assisted in negotiating Fed-OSHA’s withdrawal of seven serious citations during Fed-OSHA mandatory settlement conference resulting from two PSM inspections of food manufacturer
Assisted in obtaining reclassification of guarding citation item by Fed-OSHA from repeat to serious for multinational food products corporation
Assisted in negotiating over $80,000 reduction in penalties during Fed-OSHA informal conference for national manufacturer
Assisted in obtaining 50% reduction in penalties and reclassification of willful citation item during mediation with Fed-OSHA arising from fatality at multi-employer worksite and allegations of lack of fall protection
Assisted metal fabricator in obtaining pre-contest 40% reduction in penalties and reclassification of repeat citation item under Fed-OSHA lockout/tagout standard
Assisted electrical contractor in obtaining reclassification by Fed-OSHA of all citation items as other-than-serious after arc-flash fatality
Assisted excavation company in obtaining 80% reduction in penalties from Fed-OSHA citations in exchange for financial audit and future training obligations
Assisted construction company in obtaining over 70% reduction in penalties from Fed-OSHA citations in exchange for financial audit and future training obligations