Member
Labor & Employment
J.D. Capital University
B.A. Capital University
Biography
Known as a fervent advocate for her clients, Nelva Smith is a labor and employment attorney whose wide-ranging experience makes her an extremely effective advisor for her clients. From general day-to-day counseling, to litigation, workers' compensation, and safety and health issues, employers of all sizes rely on Nelva to guide them through the myriad challenges of labor and employment law. Nelva is diligent and aggressive in defending her clients’ interests and is experienced assisting clients in the automotive, aviation, construction, and manufacturing industries.
As a member of the firm’s Workplace Safety Team, she has defended employers in front of the Industrial Commission on a variety of issues that arise out of Ohio workers’ compensation matters, and she also has extensive experience in safety and health issues, with an emphasis on OSHA. She has presented on several occasions nationally on OSHA topics, and she has twice been a contributing editor to the national treatise on Occupational Safety and Health Law.
Nelva has experience defending employers in general employment litigation, charges before the Equal Employment Opportunity Commission, charges before the Ohio Civil Rights Commission, charges before the National Labor Relations Board, and defending OSHA citations, and she has also successfully handled wage and hour audits before a state government agency.
In addition, to her employment experience, Nelva is also on the firm’s Higher Education Team and actively represents several universities and colleges in the region against Title IX litigation.
Memberships & Awards
Professional
Columbus Bar AssociationOhio State Bar AssociationAmerican Bar AssociationCertified, OSHA 10 Hour General Industry
Key Experience
Defended OSHA violations for manufacturing clients in the aircraft and automotive industries resulting in reduced penalties and vacated citations
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)
Successfully represented rubber tire manufacturer in multiple OSHA citations involving combustible dust
Know-How
Alert
Webcast
Blog
Work Experience
2015 Steptoe & Johnson PLLC
2008-2015 Scott, Scriven & Wahoff LLP
2005-2008 Legal Assistant, Scott, Scriven & Wahoff LLP
2008-2015 Scott, Scriven & Wahoff LLP
2005-2008 Legal Assistant, Scott, Scriven & Wahoff LLP
Speaking Engagements
Presenter: ARPM: “Limits on How OSHA can Cite Employers for General Duty Clause Violations Using Industry Consensus Standards in a COVID-19 World” November 2020Panelist: The Risk Institute: “Multi-Generational Mashup” September 2019Presenter: ARPM: “The Relationship of OSHA Proposed Penalty Cases and the Lockout/Tagout and Machine Guarding Standards” July 2019Presenter: AICUO: “#MeToo Movement Updates and Handling No Contact Orders” June 2019Presenter: “OSHA Inspection Issues,” March 2019"OSHA, Outside Consultants, and Business Development: A Podcast with Bentley Tolk," Legal Marketing Launch, November 2018Presenter: “Performance, Unemployment and Wage & Hour Issues in Ohio: What Happened to Employment at Will?,” November 2018Presenter: “Overview of OSHA Inspections,” November 2018Presenter: “Ten Management Mistakes to Avoid – OSHA and Workers’ Compensation Update,” August and September 2018Presenter: “Update on Labor Law Issues Under the Trump Administration,” July 2018Presenter: “Workplace Highs and Lows: OSHA, the ADA, and Medical Marijuana,” July 2018Presenter: “OSHA Compliance in the Healthcare Industry – Regulations Companies Must Comply With But Are Always Forgotten,” June 2018Presenter: “OSHA’s Process Safety Management (PSM) Standard,” April 2018Presenter, “HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information,” February 2018Presenter, “Drugs and Alcohol in the Workplace: Marijuana and Other Considerations,” February 2018Presenter, “Medical Records Law in Workers’ Compensation Claims: Know What You Can Release,” January 2018Presenter, “Preparing For and Dealing With Campus Protests,” AICUO, October 2017Presenter, “Machine Guarding and Lockout/Tagout-Related OSHA Penalties So Far in The Trump Administration,” Ohio Chamber, September 2017Presenter, “Are You In A Confined Space, OSHA Requirements for Confined Space in General Industry and Construction,” Ohio Chamber, July 2017Presenter, “The New Landscape of the Department of Labor and OSHA in the Trump Administration,” Ohio Hospital Association, June 2017Presenter, “Top Ten Management Mistakes to Avoid,” Pataskala Chamber of Commerce, June 2017Presenter, “Recordability, Reportability, and Compensability,” Ohio Chamber, May 2017Presenter, “OSHA Primer,” ABA Occupational Safety and Health Committee Midwinter Meeting, March 2017Presenter, “Medical Records Law in Workers’ Compensation Claims: Know What You Can Release,” January 2017Presenter, “Finer Points of OSHA Recordkeeping and Recordability,” Ohio Chamber, October 2016Presenter, “Department of Labor New Overtime Rules with OSHA Bonus,” St. Clairsville Chamber of Commerce, September 2016Presenter, “Safety Incentive Programs Under 11(c) of the Federal OSH Act,” Ohio Chamber, September 2016Presenter, “Hot Wage and Hour Issues,” OSBA, September 2016Presenter, “The Ever-Changing Landscape of FLSA Wage & Hour Issues,” Sterling Education, September 2016Presenter, “Association of Independent Colleges and Universities of Ohio – NLRB,” AICUO, June 2016Presenter, “OSHA’s Multi-Employer and U.S. Department of Labor Joint Employee Doctrines,” Ohio Hospital Association, June 2016Presenter, “Train Your Supervisors and Managers About Your Ohio Workers’ Compensation Program,” Ohio Chamber, May 2016Presenter, “OSHA Primer,” ABA Labor & Employment Law Section Midwinter Meeting, March 2016“Are You In Compliance? Be Prepared! FLSA Rule Changes and OSHA Penalty Increases Will Happen in 2016,” Ohio Chamber, December 2015Presenter, “The Million Dollar Question: Are They Independent Contractors or Employees? What the Fair Labor Standards Act Could Cost Your Company,” Ohio Chamber, November, 2015Presenter, “Fair Labor Standards Act/Wage and Hour Critical Issues,” Sterling Education, September 2015Moderator, “Combustible Dust: When is a hazard really a hazard? What is the real potential for explosion/deflagration?,” ABA Labor & Employment Law Section Midwinter Meeting, March 2014Presenter, “Wage Issues for Workers’ Compensation,” 2011Chapter Editor, Occupational Safety and Health Law Treatise, Third and Fourth Edition