Courtney M. Malveaux

Biography

Courtney M. Malveaux is a Principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He co-leads the firm’s Workplace Safety and Health Practice Group and the firm’s Construction Industry Group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents.

Mr. Malveaux advises and represents employers in employment law matters, including retaliation claims, employment discrimination, unemployment benefits and wage claims. He also represents business associations in state and federal legislative and regulatory matters, and he has testified before Congressional and state legislative committees on workplace safety  and health matters.

Mr. Malveaux represents industry on the Virginia Safety and Health Codes Board, and pulled together a broad coalition of business and safety associations to pass laws in four states to make voluntary compliance a permanent part of a state Occupational Safety and Health Act.

Before joining Jackson Lewis, Mr. Malveaux enforced occupational safety and health law and other state and federal labor laws as Virginia’s Labor Commissioner while also serving as President of the National Association of Government Labor Officials.

Published Works

• ”Los Angeles, New York Impose New Construction Requirements and Restrictions Due to COVID-19,” OSHA Blog (2020)
• “OSHA Recommends Best Practices to Prevent Whistleblower Retaliation,” OSHA Blog (2020)
• “Hidden Costs of an OSHA Citation,” OSHA Blog (2019)
• “U.S. House Committee to Focus on Workforce Protections,” OSHA Blog (2019)
• “A Kindler, Gentler OSHA for Construction?” OSHA Blog (2018)
• "VPP Act Is On the Move in Congress," EHS Today (2016)
• Federal Law Employment Issues (Handbook of Virginia Local Government Law, 2015, 2016)
• "The Safety Scorecard: The Dos and Don’ts of an OSHA Inspection," Scaffold & Access Magazine (2015)
• “OSHA Targets Misclassification in Virginia,” Virginia Chamber of Commerce (2015)
• “Can You Claim Employee Misconduct? Take the Legal Test,” EHS Today (2014)
• “Untying the Gordian Knot of Misclassification,” The Virginia Manufacturer (2014)
• "From “Blackfish” to Blacklist: Show Biz Gets No Break from OSHA," The Virginia Manufacturer (2014)
• “HazCom Training: Don’t Panic,” EHS Today (2014)
• "Independent Contractor Liability: Your Risks and Obligations," Business Legal Resources (2014)
• "OSHA Enforcement of the “As Effective As” Standard for State Plans: Serving Process or People?," 46 U. Rich. L. Rev. 323, 345 (2011)

Speeches

• “OSHA Compliance, Best Practices and Enforcement in the COVD-19 Era,” Washington, DC National Electrical Contractors Association (June 2020)
•  “What’s New With OSHA?” Scaffold and Access Industry Association (New Orleans, September 2019)
• “Handling an OSHA Inspection,” American Society of Safety Professionals (New Orleans, June 2019)
• “General Contractor and Prime Subcontractor OSHA Liability at Multiemployer Worksites,” Associated General Contractors (Denver, April 2019)
•  “How to Get Your Safety Message Across to Today’s Temporary Workforce,” Business and Legal Resources (Austin, Texas, October 2016) (panelist)
• “The Dos and Don’ts of an OSHA Inspection,” Sealant, Waterproofing and Restoration Institute (Philadelphia, Pennsylvania, September 2016)
• "The Benefit of Becoming an OSHA Whisperer: Speaking the Language of Regulators," Cintas Corporation Annual Meeting (2015)
• "OSHA Citations: When and How to Contest Them to Maximize the Benefit to Your Company," Business Legal Resources (2015) (webinar)
• "Workplace Violence in Assisted Living – Your Rights and Responsibilities," Virginia Assisted Living Fall Conference (2014)
• "Reducing OSHA Exposure in Nursing and Health Care," Virginia Occupational Safety and Health Conference (2014)
• "Have the FLSA Auditors or OSHA Inspectors Knocked on Your Client’s Door Lately? Be Sure You Know What to Do When They Do," Richmond Bar Association (2014) (co-presenter)
• "What to Do (and Not Do) When OSHA Comes Knocking," Virginia Business Consortium (2014)
• "Temporary Workers, Right to Work, Collective Bargaining, and the U.N. Globally Harmonized System of Classification and Labeling of Chemicals," Canadian Association of Administrators of Labour Legislation (2013)