Valerie Butera

Biography

VALERIE BUTERA is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the Washington, DC, office of Epstein Becker Green, where she focuses on OSHA and other workplace safety and health issues. She represents clients from numerous industries, including health care and life sciences, financial services, hospitality, retail, and technology, among others. She is OSHA 30 certified and has substantial training and experience in process safety management (PSM).

 

Ms. Butera:

  • Represents employers and trade associations in complex matters regarding the Occupational Safety and Health Act
  • Litigates OSHA citations alleging violations of OSHA’s General Industry and Construction regulations
  • Counsels clients on compliance with all standards set by OSHA, including the PSM standard, Lockout/Tagout, machine guarding, and hazard communication
  • Assists employers with developing safety programs and policies
  • Represents companies in response to various OSHA National Emphasis Programs
  • Conducts privileged internal general OSHA compliance audits, railway safety audits, and process safety management audits
  • Advises clients on industrial hygiene concerns, including benzene and asbestos exposure
  • Drafts responses to OSHA Requests for Information and comments in rulemaking
  • Conducts workplace safety training presentations

 

Prior to joining Epstein Becker Green, Ms. Butera was an OSHA attorney at a national law firm. Previously, she served as a law clerk to the Honorable William D. Quarles, Jr., of the U.S. District Court for the District of Maryland. During law school, she spent her summers clerking for the Privacy Rights & Protection Staff of the Centers for Medicare & Medicaid Services, where she played a critical role in bringing Medicare into compliance with the HIPAA Privacy Rule, and the Office of Chief Counsel for the Internal Revenue Service, where she focused on tax controversy litigation.

 

As a law student, Ms. Butera completed the University of Maryland School of Law concentration in Health Law and was the Senior Survey Editor of the American Bar Association’s Business Section journal entitled The Business Lawyer.

 

Representative Experience

  • Drafted numerous briefs before the Occupational Safety and Health Review Commission, including those filed in Secretary of Labor v. Delek Refining, OSHRC Docket No. 09-0844 (July 11, 2011), in which the Commission established a three-part test for determining when a third-party expert’s report is protected by the attorney-client privilege
  • Developed strategies and counseled clients through numerous successful settlement negotiations, amicably resolving citations; strategized with civil counsel in cases involving injuries or fatalities regarding both the timing and terms of settlement agreements in order to minimize the impact of OSHA citations on ongoing civil litigation cases
  • Briefed a pre-enforcement challenge to a newly promulgated OSHA standard before the U.S. Court of Appeals for District of Columbia Circuit
  • Defended an employer in a matter involving OSHA’s multiemployer citation policy in response to a catastrophe that resulted in construction and general industry citations involving the employer, contractor, and sub-contractors, and provided assistance to co-counsel in related civil litigation
  • Counseled various clients on the interconnection between Department of Transportation and OSHA provisions and developed compliance solutions
  • Conducted training for employers in numerous areas, including, among others, the requirements of the new HAZCOM rule, how to avoid citations for the most frequently cited OSHA standards in various industries, and OSHA’s proposed electronic injury and illness reporting requirements

Education

  • University of Maryland School of Law (J.D., with honors, 2003) Concentration in Health Law
  • Hope College (B.A., cum laude, 1997)

Bar Admissions

  • District of Columbia
  • Maryland

Memberships

  • American Bar Association, Labor and Employment Law Section, Leadership Development Program, and the Committee on Occupational Safety and Health

1 Course by Valerie Butera