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Justin M. Winter

Of Counsel
Atlanta*

*Admitted only in MD

P 703-483-8300
F 404-525-1173
Justin.Winter@jacksonlewis.com

Biography

Justin M. Winter is Of Counsel in the Atlanta, Georgia, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counseling, workplace safety and health, and representing clients in MSHA proceedings and before the Federal Mine Safety and Health Review Commission.

Mr. Winter handles contests of MSHA citations and orders and routinely assists clients during inspection, including communication with MSHA local field and district offices. He represents clients in cases involving MSHA’s employment discrimination code under Mine Act section 105(c), as well as representing clients during section 110(c) agent special investigations, accident and fatality investigations, and part 50 Recordkeeping audits. He regularly gives talks on MSHA related topics before national and state mining associations and provides webinars for state mining safety associations.

Prior to joining Jackson Lewis, Mr. Winter worked as an attorney practicing MSHA law for two national workplace safety and health law firms based in the Washington, D.C. area.

 

Notable Cases

  • Represented a national aggregate producer at hearing before a FMSHRC Administrative Law Judge, resulting in the reduction of 7 104(d)(1) unwarrantable failures to Non-S & S 104(a) citations, and a 90% penalty reduction.
  • Represented large international steel company in litigation against MSHA, resulting in successful settlement of over $340,000 in civil penalties and the associated elimination of multiple 104(d)(1) unwarrantable failures.

Professional Associations and Activities

  • American Bar Association
  • Maryland Bar Association
  • Minnesota Mine Safety Association

See AllJustin M. Winter in the News

September 11, 2017
Bloomberg BNA

Justin Winter Comments on Mine Safety Rule Under the Trump Administration

September 11, 2017

Justin Winter comments on a mine safety inspection rule that would be delayed and modified to satisfy industry concerns under a pair of Trump Administration proposals in "Mine Safety Rule Burdens Would Be Eased Under Trump Plan," published by Bloomberg BNA. Subscription may be required to view article Read More

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August 16, 2017

Mine Safety Agency Issues Alert on Wire and Hoisting Ropes

August 16, 2017

Saying new testing on wire and hoisting ropes showed they “no longer met MSHA’s in-service standards,” despite previously passing tests and inspections, the Mine Safety and Health Administration has issued a new safety alert on wire and hoisting ropes. MSHA said that, although it had previously conducted wire rope nondestructive... Read More

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Archived

Watch Now

Workplace Safety & Health Webinar Series: What to Expect from MSHA under the Trump Administration

February 21, 2018 - 12:00 PM to 1:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Watch Now

See AllBlog Posts by Justin M. Winter

Widow of Miner Killed In Upper Big Branch Explosion Files Lawsuit Against MSHA
April 9, 2018

On April 10, 2010, Massey Energy’s Upper Big Branch underground coal mine suffered an explosion, resulting in the death of 29 miners. The investigation determined that inadequate ventilation caused a buildup of toxic gases, resulting in the explosion.  Massey Energy eventually declared bankruptcy, and the UBB mine closed for good. Read More

MSHA to Strengthen Scofflaw Program in order to Enforce Collection of Fines
March 14, 2018

In an op-ed published on March 6th, 2018 in the Wheeling News Register, Assistant secretary for MSHA, David Zatezalo, announced plans to prioritize the collection of unpaid MSHA fines through the agency’s scofflaw program. Read More

New Head of MSHA to Hold First Quarterly Stakeholder Conference Call
February 7, 2018

On February 12, 2018, new Assistant Secretary David G. Zatezalo will hold his first quarterly stakeholder/training call since being confirmed as head of the agency. This stakeholder call is one of the first formal opportunities for the mining community to interact directly with Mr. Read More