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Henry Chajet

Of Counsel
Washington, D.C. Region

P 703-483-8381
F 703-483-8301
Henry.Chajet@jacksonlewis.com

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Biography

Henry Chajet is Of Counsel in the Washington, D.C. Region office of Jackson Lewis P.C.

Mr. Chajet counsels and represents clients in environmental, health and safety (EH&S) matters and antitrust matters, focusing on crisis management, dispute resolution, trial and appellate litigation, standard setting, liability prevention, regulatory and congressional proceedings and “direct purchaser” overcharge recoveries for corporate clients in antitrust price manipulation cases. He defends investigations and enforcement actions by the Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), Environmental Protection Agency (EPA), Department of Transportation (DOT), National Transportation Safety Board (NTSB), National Institute for Occupational Safety and Health (NIOSH) and other federal and state agencies, as well as in related tort claims and criminal cases, and in EH&S whistleblower or discrimination claims.

To achieve an integrated defense strategy at the initiation of a government investigation or enforcement action, Mr. Chajet coordinates forensic accounting and technical experts, insurance issues, government interviews, document production and public relations experts. He has extensive experience representing clients in cases involving fatal or serious injuries, explosions, chemical releases, fires, manufacturing, transportation and construction accidents, mine disasters and allegations of product toxicity or community harm. Mr. Chajet has served as co-lead counsel in successful, multimillion dollar recovery cases for corporate clients that were “direct purchasers” of commodities and products for which prices were artificially increased through monopoly price manipulation, violating antitrust law.

Mr. Chajet provides regulatory and congressional counseling, loss prevention audits, management training services and public policy counseling and lobbying for companies and trade associations. He has represented companies and numerous coalitions in environmental and occupational health and safety matters, in the regulatory process and in managing related scientific research and litigation, when necessary. For example, Mr. Chajet serves as counsel to a coalition of diesel engine users, as a member of the American Chemistry Council silica panel, and has provided counsel to the coal, cement, metals and mining industries in dust regulation and enforcement matters.

In appropriate circumstances, Mr. Chajet combines litigation with public policy initiatives to achieve client goals. He has won numerous precedent-setting cases (e.g., a corporation engaged in good faith loss prevention efforts is not a “guarantor” of workplace safety; defective analytical procedures used by the government for lead, silica, coal dust and metals rejected; defective new dust regulation rejected by a U.S. Circuit Court of Appeals). Mr. Chajet's most important victories, however, often go unreported, because they prevent inappropriate “white collar criminal” indictments, avoid monetary losses, obtain favorable settlements from responsible parties and insurance carriers and minimize fines and enforcement through privileged and confidential fact finding, management of experts, negotiations and alternative dispute resolution initiatives. He frequently speaks and writes on a range of environmental, safety and health defense strategy, liability prevention, crisis management, and regulatory matters.

Representative Matters

  • Coordinated liability prevention and crisis management in multiple rail car explosions and chemical reactions in the United States and Canada, preventing enforcement and successfully recovering insurance proceeds and damages from third parties.
  • Obtained an injunction against the adoption of an unsupported (ACGIH) chemical exposure standard, initiated discovery on related product defamation claims, and testified before Congress on improper health effects rulemaking; result was withdrawal of the standard and a public apology to clients.
  • Led a crisis management and defense team in a $350 million loss explosion that leveled an industrial facility; defended a six-month investigation by dozens of state and federal investigators; defended a criminal investigation with local counsel; and assisted in the defense of thirteen class actions on behalf of 35,000 plaintiffs. The team successfully resolved all investigations and enforcement actions, helped recover almost the entire financial loss, favorably resolved the tort actions and recovered denied insurance proceeds to rebuild the plant.
  • Significant appellate court victories, including a case mandating feasibility for a new occupational health standard and a decision upholding an injunctive relief against a federal agency for violations of the Federal Advisory Committee Act.
  • Precedent setting litigation wins challenging government policies and obtaining favorable court definitions of statutory safety and health enforcement terms: “significant and substantial” violations and “unwarrantable failures” to comply.
  • Co-lead counsel in two major antitrust cases that collected millions of dollars in damages for corporate clients that were direct purchasers of commodities and products impacted by monopoly price manipulations.

Professional Associations and Activities

  • American Bar Association
  • Hispanic National Bar Association
  • Johns Hopkins University Graduate School of Public Health, Health and Safety Law, Former Adjunct Professor (1984-1999)

See AllHenry Chajet in the News

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April 26, 2016
remodeling

Henry Chajet's Congressional Testimony Featured

April 26, 2016

Henry Chajet’s testimony before the House Subcommittee on Workforce Protections was featured in remodeling’s “Five Takeaways from House Hearing on New Silica Exposure Rule.” Subscription may be required to view article.   Read More

April 20, 2016
Jackson Lewis

Henry Chajet Testifies at House Silica Rule Hearing

April 20, 2016

WASHINGTON, D.C. (April 20, 2016) Henry Chajet of Jackson Lewis P.C., one of the country’s preeminent workplace law firms, testified yesterday on behalf of the U.S. Chamber of Commerce before the Subcommittee on Workforce Protections at a Congressional hearing entitled “Reviewing Recent Changes to OSHA’s Silica... Read More

April 19, 2016
Bloomberg BNA Occupational Safety and Health Reporter

Henry Chajet's Congressional Testimony Featured

April 19, 2016

Henry Chajet’s Congressional testimony was mentioned in “Silica Rule Defended, Attacked at House Hearing,” published by Bloomberg BNA’s Occupational Safety &  Health Daily. Subscription may be required to view article. Read More

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April 12, 2016

OSHA’s Long-Awaited Silica Rule Faces Uncertain Future

April 12, 2016

More than 20 contentious years in the making, a comprehensive new silica rule, released in March by the Occupational Safety and Health Administration, faces an uncertain future. The rule has met with fierce opposition from business groups and their allies in Congress, who contend the rule is unnecessary, infeasible, and costly. The... Read More

March 24, 2016

OSHA Releases Final Rule on Respirable Crystalline Silica

March 24, 2016

The Occupational Safety and Health Administration (OSHA) has released a pre-publication copy of its final rule, Occupational Exposure to Respirable Crystalline Silica. The rule will be published in the March 25, 2016, Federal Register and will be effective in 90 days. The final rule establishes a permissible exposure limit (PEL) for... Read More

February 16, 2016

11th Circuit Upholds Mining Agency’s Coal Dust Rule, Phase-In Continues

February 16, 2016

The Mine Safety and Health Administration may continue phasing-in its new coal dust rules, a three-judge panel of the Eleventh Circuit Court of Appeals has decided, relying on what it called a “holistic interpretation” of the Mine Act to uphold MSHA’s new rules. National Mining Association, et al. v. Sec’y of... Read More

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