William J. Wahoff

Biography

Bill Wahoff concentrates on keeping his clients in compliance with health and safety laws, including OSHA on a national basis, Ohio workers’ compensation, Ohio VSSR, and intentional tort litigation defense. He has vigorously represented employers at several thousand Ohio administrative hearings, in numerous court cases, including jury trials, and mandamus actions.

He also has significant experience representing employers in federal and state court employment litigation and in labor negotiations. He has handled ADA, FMLA, and race, gender- based, Title VII discrimination cases, arbitrations, federal and state wage and hour matters, and has bargained with the UAW, Steelworkers, Glass Molders and Potterers, OEA and OAPSE.

He is serving as the Management Co-Editor-in-Chief for the Treatise on Occupational Safety and Health Law, Fifth Edition, for the American Bar Association Section on Labor and Employment Law, Occupational Safety & Health Committee. He also has been an active participant, presenter and moderator for the Midwinter meeting for over 28 years. He was chosen by the Chief Judge to present to the Federal Occupational Safety & Health Review Commission (OSHRC) Judicial Conferences in both 2008 and 2010. An Ohio State Bar Association Board-Certified Workers’ Compensation Specialist, he is also an OSHA Authorized 10 & 30 Hour General Industry Trainer. He is a Fellow of The College of Labor & Employment Lawyers, and is listed in Chambers USA. He is also listed in The Best Lawyers in America® for Labor Law – Management, Employment Law – Management, and Workers Compensation Defense for Employers. He has been listed in Ohio Super Lawyers since the inception of that list. He also has been a Martindale Hubbell Preeminent lawyer since 2002.

Court Admissions

Representative Experience

  • Defended employers in various fatality cases involving OSHA in Ohio, Texas, South Dakota, California, Illinois, West Virginia, Rhode Island, and New Mexico
  • Defended employers in numerous OSHA cases initiated by reports of amputations to OSHA
  • Defended food processing manufacturer in an ammonia release OSHA case
  • Defended rubber manufacturer in a TDI exposure case against OSHA
  • Assisted a Connecticut manufacturer in reducing a classification from repeat to serious in OSHA citations
  • Assisted a wood products equipment dealer in contesting OSHA citations regarding specific pieces of wood working equipment, including planers, dimensional equipment, larger stationary routers and shapers, table and radial arm saws regarding cross cuts and rips
  • Assisted numerous nursing homes and long-term care facilities during the COVID-19 Pandemic with OSHA inspections and defending citations
  • Assisted numerous manufacturers in responding to rapid response letters from OSHA area offices in Georgia, Ohio, Rhode Island, California, and West Virginia
  • Defended a manufacturer in the rubber and plastics industry in Missouri on Combustible Dust OSHA citations that were vacated
  • Defended a manufacturer in the rubber mixing industry in Alabama resulting in key OSHA Citations vacated
  • Defended a manufacturer in the rubber mixing industry in Wisconsin resulting in an Administrative Law Judge ruling vacating the explosion hazard citations regarding a majority of the cited dust collectors and setting forth a method to analyze combustible dust cases scientifically – the first reported decision in the rubber mixing industry since the OSHA National Emphasis Program
  • Defended a national construction company in the oil and gas industry in Ohio on citations at a fractionation plant that were vacated
  • Defended a manufacturer in the rubber mixing industry in Ohio in one of the first sets of citations under the combustible dust OSHA National Emphasis Program (NEP)
  • Defended a national restoration/construction company in Ohio resulting in willful citations changed in classification
  • Defended a regional restoration/construction company in Ohio resulting in repeat citations reduced to serious
  • Served as counsel for a chemical company in Georgia resulting in OSHA citations being vacated by the local office
  • Defended a silico-tuberculosis intentional tort case in Ohio resulting in dismissal
  • Defended a joint venture manufacturer from Japan in a wrongful death electrocution intentional tort case involving an in-plant testing machine
  • Defended asbestos cancer death claims under workers’ compensation for a prominent aircraft engine manufacturer
  • Defended silicosis claims for a manufacturer of oil rig engines
  • Defended a large semi-truck (tractor) manufacturer regarding rotating machinery OSHA citations
  • Counseled employers regarding ANSI and NFPA standards’ enforceability by OSHA in the machine guarding (control reliability) and fire and explosion arenas
  • Counseled large construction employers regarding the use of GFCI throughout the site instead of relying on grounding and how to deal with an OSHA inspection focused on that issue
  • Defended numerous workers’ compensation claims involving alleged psychiatric and/or psychological injuries and disabilities, including PTSD, Major Depression, Anxiety and other Mood Disorders, as well as alleged Post-Concussive Syndromes from head trauma with very brief periods of losses of consciousness
  • Defended hundreds of workers’ compensation claims with alleged orthopedic and neurological injuries, as well as various lung, otolaryngological, and urological injuries
  • Defended a lawsuit in the nail gun industry, a lawsuit regarding a railroad car door falling on an employee, and a lawsuit involving an oil company truck striking a minor
  • Defended Ohio VSSR claims in rubber and plastics, steel, and other industries in machine guarding and personal protective equipment Experienced in defending FMLA, wrongful discharge, ADA, and race, religion and gender discrimination claims and lawsuits
  • Defended claims alleging silicosis, asbestosis, berylliosis, coal workers’ pneumoconiosis and related cancers
  • Defended citations involving multi-employer sites, machine guarding, lockout/tagout (LOTO), ergonomics, combustible dust, indoor air (silica, asbestos, lead), electrical, robots, hoists and slings, hazard communication, housing, containing and dispensing hazardous liquids, respirators, material handling, fall protection, trenching, scaffolds, ladders, PPE-construction, FR Clothing, HazCom-construction, lead in construction, GFCI, portable power tools, uncovered rebar, training related to all of the foregoing, recordkeeping, ingress and egress, fire extinguishers and appliances, evacuation plans, numerous General Duty Clause citations, and counseled regarding drug and alcohol, immediate reporting of injuries, and safety incentive policies
  • Experienced in occupational safety and health for unionized employers
  • Experienced in union contract negotiations and labor arbitrations for private sector manufacturing clients

Licensed In

  • Ohio
  • Texas

Education

  • J.D. The Ohio State University Michael E. Moritz College of Law
  • A.B. Miami University, Oxford, Ohio

Memberships

  • American Bar Association, Labor & Employment Law Section, OSHA Committee Member (1995-Present)
  • Fellow, The College of Labor & Employment Lawyers (2018-Present)
  • Board-Certified Workers’ Compensation Specialist, Ohio State Bar Association (1999-2024)
  • Columbus Rotary Club (2013-Present)
  • Association of Ohio Commodores (Inducted in 2021)
  • Past Board Member, Worthington A.M. Rotary Club (2001)
  • Past President; Past Board Member, Dublin A.M. Rotary Club (1999-2000)
  • OSHA Sub-Committee, U.S. Chamber of Commerce Labor Relations
  • Past President, Columbus Rotary Foundation
  • Past District 6690 Scholarships Chair, Fellowships Chair and Alumni Chair, Rotary International
  • Past Board Member; Past Volunteer Executive V.P., Operations, Simon Kenton Council, Boy Scouts of America
  • Past District Chair; Past Nominating Committee Chair; Past FOS Chair, Boy Scouts, SKC, Buckeye District
  • Merit Badge Counselor, Gateway District, Troop 169, Our Lady of Peace Catholic Church
  • Committee Member, Troop 169
  • BSA, Past Committee Chair, Troop 862
  • BSA, Past Assistant Scoutmaster, Troop 268
  • Knights of Columbus
  • Past Board Member, Friends of Josephinum Seminary
  • Certified Range Instructor Pistol, Rifle, Shotgun; Range Safety Officer, NRA
  • Life Member, Republican National Committee
  • Life Member, The Ohio State University Alumni Association
  • Past Chair, Workers’ Compensation Committee, Ohio State Bar Association
  • OSHA Committee; Past Membership Liaison to Section, ABA-Labor & Employment Law Section
  • Chair and Founder, Employment Law Alliance (ELA) Occupational Safety & Health (OSH) Law Group
  • General Industry Course Trainer, OSHA Authorized 10 & 30 Hour
  • Columbus Bar Association
  • Cincinnati Bar Association
  • Mahoning County Bar Association
  • Marion County, OH Bar Association

Achievements

  • Peer Review Rated AV-Preeminent by Martindale-Hubbell (2002-Present)
  • Chambers USA: America’s Leading Lawyers for Business – Labor & Employment (2021-Present)
  • The Best Lawyers in America®, Employment Law – Management (2020-Present), Labor Law – Management (2022-Present), Litigation – Labor and Employment (2024-Present), Worker’s Compensation Law – Employers (2015-Present)
  • Top Lawyer-Workers’ Compensation, Columbus CEO Magazine (2010-2019)
  • Super Lawyers®, Workers’ Compensation Law, Employment & Labor Law, Employment Litigation Law, Columbus, OH (2004-2025)
  • Service Above Self Award, Rotary District 6690
  • Silver Beaver Award Recipient, Simon Kenton Council, Boy Scouts of America
  • Issue Planning Editor,  The Ohio State Law Journal

Speaking Engagements

  • “Update on Progress on OSHA in the New Administration,” Employment Law Alliance Public Podcast,  ELA Website (March 11, 2025)
  • “Lockout/Tagout and Machine Guarding in General Industry and Construction,” Safety Council, Wyandot County Chamber of Commerce, Upper Sandusky, Ohio (November 21, 2024)
  • “OSHA’s Activities in Higher Education Workplaces,” Employment Law Alliance Higher Education Specialty Group, Web Meeting (November 14, 2024)
  • “Lockout/Tagout and Machine Guarding in Construction, and General Industry,” Safety Council of Central Ohio, Columbus (November 14, 2024)
  • Co-Presenter, “OSHA’s Legal and Regulatory Developments in 2023-2024; OSHA’s Perspectives,” 61st Annual Midwest Labor and Employment Law Institute, Columbus-Polaris Hilton (October 8, 2024)
  • “OSHA Enforcement Update,” Association of Corporate Counsel of Central Ohio, Columbus-Gahanna (September 19, 2024)
  • “Federal OSHA’s Proposed Heat Injury & Illness Prevention Standard – Informal Draft Issued 7-2-2024,” U.S. Small Business Administration Safety Roundtable, Web Meeting (July 12, 2024)
  • “Update on OSHA Enforcement and Rule-making,” Employment Law Alliance, Podcast (June 5, 2024)
  • “OSHRC and Courts Case Law Update, OSHA Emphasis Programs and Measures to Assist with Compliance,” Ohio State Bar Association, Webcast (April 3, 2024)
  • Co-Presenter, “Lockout/Tagout and Machine Guarding Workshop,” EHS Sustainability Symposium, Cincinnati-Sharonville (March 19, 2024)
  • Co-Presenter, “Workers’ Compensation Law: The Current State of Voluntary Abandonment in Temporary Total Disability,” Ohio State Bar Association, Webcast (October 27, 2023)
  • “New Era . . . OSHA Compliance Increased Enforcement and OSHA’s Latest Actions,” Manufacturers’ Education Council, Columbus Worthington (October 24, 2023)
  • “OSHRC and Courts Case Law Update, OSHA Emphasis Programs and Measures to Assist with Compliance,” 60th Annual Midwest Labor and Employment Law Institute, Columbus Easton (October 12, 2023)
  • Moderator, “OSHA Developments in Washington D.C., Enforcement and Whistleblower Cases,” Employment Law Alliance, Webinar (April 20, 2023)
  • “OSHA’s Use of Industry Standards in Enforcement,” Phylmar Regulatory Roundtable, Webinar (April 18, 2023)
  • “OSHA’s Use of Industry Standards in Enforcement,” U.S. Small Business Administration, Webinar (March 24, 2023)
  • “Major OSHA Developments,” Logistics Company, Houston, Texas (December 8, 2022)
  • “What Every Employer Should Know About Workers’ Compensation, VSSR, and OSHA,” Highland-Fayette-Clinton Safety Council, Hillsboro, Ohio (December 7, 2022)
  • “OSHA Affirmative Defenses,” Employment Law Alliance, Webinar (November 3, 2022)
  • Keynote Speaker, “OSHA Developments,” Manufacturers’ Education Council Safety and Health Summit, Worthington, Ohio (October 18, 2022)
  • “Briefing on Washington D.C. Developments,” Employment Law Alliance, Webinar (September 13, 2022)
  • “The Crisis Response Part 1,” Employment Law Alliance, Webinar (June 29, 2022)
  • “Update on OSHA in Washington D.C. Enforcement Matters and Upcoming Rulemaking,” Manufacturers’ Education Council EHS Summit, Cincinnati, Ohio (March 30, 2022)
  • Moderator, “Commissioner’s Panel,” American Bar Association OSHA Law Committee Mid-Winter Meeting, Occupational Safety & Health Review Commission (OSHRC), Sarasota, Florida (March 11, 2022)
  • “What’s Next for Employers in OSHA,” U.S. Small Business Administration, Webinar (January 28, 2022)
  • “Office of Management and Budget (OMB) – Office of Information and Regulatory Affairs (OIRA), OSHA’s Mandatory Vaccination ETS,” U.S. Chamber of Commerce, Webinar (October 20, 2021)
  • “OSHA and Employer Vaccination Programs,” Columbus, Ohio (June 24, 2021)
  • “Update on OSHA Enforcement, COVID-19 and Rulemaking,” Association for Rubber Products Manufacturers, Webinar (May 26, 2021)
  • “The Federal OSHA Emergency Temporary Standard and its Requirements for All Employers,” Employment Law Alliance, Webinar (May 5, 2021)
  • “Update on OSHA Enforcement and Washington Developments,” Manufacturers’ Education Council, Webinar (April 20, 2021)
  • Moderator, “Occupational Safety & Health Review Commission(OSHRC) and FMSHRC Commissioners Update,” American Bar Association OSH Law Committee Mid-Winter Meeting, National Annual Conference (March 25, 2021)
  • “OSHA’s New Guidance and National Emphasis Program on COVID-19,” Employment Law Alliance, Webinar (March 23, 2021)
  • “OSHA Update in the New Administration,” Ohio State Bar Association, Webcast (March 18, 2021)
  • “Expectations in Labor & Employment Law in the New Administration,” Employment Law Alliance, National Webinar (December 15, 2020)
  • “Return to Work Issues During the COVID-19 Pandemic,” The Woodlands (Texas) Chamber of Commerce, Webinar (November 6, 2020)
  • “Midwest Labor & Employment Law Conference, OSHA, Workplace Safety and Health in the Time of COVID-19,” Ohio State Bar Association, Webinar (October 16, 2020)
  • “NLRA, Protests and COVID-19,” Wooster Chamber of Commerce, Webinar (October 13, 2020)
  • “Back to School: Rights and Responsibilities of Employers and Employees, with Additional COVID-19 Updates,” Ohio Chamber of Commerce, Webinar (September 16, 2020)
  • “Return to Work under COVID-19,” National Webinar, Steptoe & Johnson PLLC (July 29, 2020)
  • Moderator, “NLRA, Protests and Return to Work,” Ohio Chamber of Commerce, Webinar (June 17, 2020)
  • “Return to Work and COVID-19,” Marcellus Shale Coalition, Webinar (June 11, 2020)
  • “Mapping Out the New Normal,” Steptoe & Johnson PLLC, National Webinar (May 7, 2020)
  • “COVID-19 Plans Considering OSHA Guidance,” Employment Law Alliance, National Webinar (May 6, 2020)
  • Moderator, “Occupational Safety & Health Review Commission(OSHRC) and FMSHRC Commissioners Update,” American Bar Association OSH Law Committee Mid-Winter Meeting, Rancho Mirage, California (March 5, 2020)
  • Panelist,” OSHA Update, including LOTO, Machine Guarding, and the General Duty Clause,” Ohio Self-Insurers’ Association, Columbus, Ohio (January 17, 2020)
  • “The Relationship of OSHA Proposed Penalty Cases and the Lockout/Tagout and Machine Guarding Standards,” Association of Rubber Products Manufacturers National Safety Summit, Columbus, Ohio (July 17, 2019)
  • Panelist, “OSHA Recordability, Reportability and Impact on Workers’ Compensation: The Interplay between OSHA’s Amended 29 CFR 1904.35 and Workers’ Compensation Laws and Administration,” American Bar Association, Labor & Employment Law Section, Occupational Safety & Health Law Committee Midwinter Meeting, San Juan, Puerto Rico (March 7, 2019)
  • “Federal OSHA ‘Clarification’ of Drug Testing and Corporate Incentive Programs,” Phylmar Regulatory Roundtable Webinar, Sacramento, California (December 5, 2018
  • Moderator, “Update on Labor Issues Under the Trump Administration,” Ohio Chamber, Webinar, Columbus, Ohio (July 25, 2018)
  • “OSHA’s Agenda Under the New Acting Assistant Secretary,” Ohio Chamber of Commerce, Webinar, Columbus, Ohio (June 20, 2018)
  • “OSHA’s Process Safety Management (PSM) Standard,” Energy and Mineral Law Foundation, Pittsburgh, Pennsylvania (April 11, 2018)
  • “The General Duty Clause: How Does OSHA Prove Its Case and What Role Do Industry Standards Play?,” American Bar Association, Occupational Safety & Health Law Committee Midwinter Meeting, General Session, Santa Monica, California (March 2, 2018)
  • “Medical Records Law (such as HIPAA) in Workers’ Compensation Claims: Know What You Can Release” Lorman, Webinar, (January 17, 2018)
  • “10 Management Mistakes to Avoid,” Ohio Chamber of Commerce, Medina, Ohio (December 5, 2017)
  • “Seven Ways the Ohio Workers’ Compensation System Differs from Those of Other States,” NBI, Cincinnati, Ohio (November 16, 2017)
  • “Ohio Workers’ Compensation Coverage and Differences from Insurance States,” NBI, Cincinnati, Ohio (August 1, 2017)
  • “HazCom Enforcement in the First 180 days of the New Administration,” Association of Rubber Products Manufacturers National Safety Summit, Columbus, Ohio (July 19, 2017)
  • “OSHA Requirements for Confined Spaces in General Industry and Construction” Ohio Chamber of Commerce, Webinar, (July 12, 2017)
  • “10 Management Mistakes to Avoid,” Ohio Chamber of Commerce, Port Clinton, Ohio (June 30, 2017)
  • “New Landscape of the Department of Labor and OSHA in the Trump Administration,” Ohio Hospital Association Annual Conference, Columbus, Ohio (June 13, 2017)
  • “Future of OSHA Interpretations after the D.C. Circuit’s Agricultural Retailers PSM Decision” Phylmar Business Roundtable, National Safety Webinar, (May 31, 2017)
  • “Recordability, Reportability and Compensability” Ohio Chamber of Commerce Webinar (May 17, 2017)
  • “10 Management Mistakes to Avoid,” Ohio Chamber of Commerce, St. Clairsville, Ohio (March 15, 2017)
  • Moderator, “OSHA Interpretations after Agricultural Retailers,” American Bar Association, OSH Committee Midwinter Meeting, Jupiter, Florida (March 10, 2017)
  • “OSHA Record Keeping” Association of Rubber Products Manufacturers, Webinar (February 23, 2017)
  • “Medical Releases and Workers’ Compensation” Ohio Chamber of Commerce, Webinar (January 17, 2017)
  • “OSHA Standards versus Robotics Standards,” Robotics Industries Association, Cincinnati (October 19, 2016)
  • “Hot Wage and Hour Issues,” Ohio State Bar Association, Cleveland (September 16, 2016)
  • “OSHA’s Rules Regarding Employee Incentive Programs” Ohio Chamber of Commerce, Webinar, (September 14, 2016)
  • “FLSA and OSHA Regulatory Changes,” Ohio Chamber of Commerce (May 24, June 14, June 21, 2016)
  • “OSHA’s Multi-Employer and U.S. Department of Labor Joint Employee Doctrines,” Ohio Hospital Association Annual Conference (June 13, 2016)
  • “Privacy In The Workplace and Employee Monitoring,” Human Resources from A to Z, NBI Seminar, Columbus (June 8, 2016)
  • “Train Your Supervisors About Your Ohio Workers’ Compensation Program,” Ohio Chamber of Commerce Webinar (May 25, 2016)
  • “OSHA’s New Rules Regarding Worker Safety Incentive Programs,” Phylmar Regulatory Roundtable and the BioPharma EHS Forum, Webcast (May 17, 2016)
  • Moderator, “New Developments In Process Safety Management,” ABA Labor & Employment Law Section, Occupational Safety & Health Committee Midwinter Meeting, Santa Barbara, CA (March 10, 2016)
  • “FLSA and OSHA Changes,” Ohio Chamber of Commerce, Webcast (November 18, 2015)
  • “Creating FLSA Compliance Strategies That Work,” NBI (August 18, 2015)
  • “Significant Decisions,” Cincinnati Bar Association Advanced Workers’ Compensation Seminar (December 4, 2014)
  • “Workers’ Compensation Update: Laws & Rules, Class Action Suit, Medical Facilities, and Claims Handling; OSHA Recordkeeping Changes,” HRA of Southwestern Ohio (SHRM Affiliate), Wilmington, Ohio (October 2014)
  • “The Top 5 Safety & Health Considerations Upon Entering An Investigative Site” (from the OSHA perspective), Insurance Fraud/Fire Investigators’ Joint Seminar (February 2014)
  • “Significant [Workers’ Compensation] Decisions,” Cincinnati Bar Association, Workers’ Compensation Committee Advanced Seminar (December 2013)
  • “Hot Topics in Employment Law: PPACA/Obamacare: What Businesses Need to Know,” Sterling Education Seminars (2013)
  • Moderator, “Significant [OSHA] Decisions,” American Bar Association, Labor & Employment Section, OSHA Committee, Mid-Winter Meeting (2013)
  • “The Finer Points of OSHA Recordkeeping,” “Injury & Illness Prevention Programs,” “Combustible Dust,” “Retaliation and Whistleblower Statutes Under OSHA’s Enforcement Jurisdiction,” Association of Rubber & Plastics Manufacturers’ (ARPM) Safety Summit (2010-2012)
  • “Intentional Tort, RICO Liability, and Other Third Party Actions,” Ohio Self-Insurers Association, Workers’ Compensation Education Day (2011)
  • “Combustible Dust,” Annual Ohio Workplace Safety & OSHA Compliance Conference (2010-2011)

Publications

  • Co-Editor in Chief, “Update to the Committee, ABA OSH Law Treatise,” American Bar Association, Labor & Employment Law Section, Occupational Safety & Health Law Committee Midwinter Meeting, 5th Edition, San Diego, California (March 9, 2023)
  • “Industry Standards: How Does OSHA Use Them to Prove Its Case Under the General Duty Clause?,” ABA Journal of Labor & Employment Law, Vol. 34, No. 1 (2019)
  • “OSHA Update”, Steptoe & Johnson Blog Article (April 26, 2016)
  • “IN COMPLIANCE? Be prepared! FLSA rule changes and OSHA penalty increases will happen in 2016” (March 3, 2016)
  • Management Co-Editor-in-Chief; Treatise, “Occupational Health and Safety Law, 5th Edition,” ABA Labor & Employment Law Section, OSHA Law Committee
  • Chapter Editor, Treatise, “Occupational Health and Safety Law, 3rd and 4th Editions,” ABA Labor & Employment Law Section, OSHA Law Committee

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