Defending OSHA Citations in the Pullback Era: Loper Bright, Jarkesy, and the State-Plan Patchwork

John D. Surma, Partner | Fisher & Phillips LLP

John D. Surma is a partner in Fisher Phillips’ Houston office, where he defends employers nationwide in workplace safety and health matters, regulatory compliance, and catastrophic incident investigations. With decades of experience representing mid- to large-scale employers in healthcare, construction, industrial manufacturing, energy, and infrastructure, John guides businesses through OSHA, MSHA, and other agency actions, as well as risk management, regulatory counseling, and litigation arising from catastrophic workplace events. Employers rely on his strategic counsel to navigate the full scope of workplace safety statutes, enforcement actions, and investigations—ensuring compliance, reducing risk, and protecting business continuity when it matters most. His clients include aviation companies, refiners, chemical manufacturers, transportation and logistics providers, and major construction and engineering firms. Known for his ability to respond quickly and effectively to catastrophic events, he frequently leads investigations and defends employers in both regulatory proceedings and related civil litigation.

• Education & Credentials

John earned his J.D. from the University of Wisconsin Law School in 1994 and his B.S., summa cum laude, from the University of Wisconsin-Platteville in 1992. He is admitted to practice in Texas and Wisconsin. His court admissions include the U.S. Court of Appeals for the Seventh Circuit; the U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas; and the U.S. District Courts for the Eastern and Western Districts of Wisconsin.

• Recognition & Leadership

John has been recognized in The Best Lawyers in America for Employment Law – Management, Labor Law – Management, and Litigation – Labor and Employment (2024–2026). He has also held a Distinguished rating from Martindale-Hubbell from 2000 to the present.

• Professional Involvement

John is a member of the Houston Bar Association, the State Bar of Texas, and the State Bar of Wisconsin.

• Experience

Drawing on extensive trial and counseling experience, John represents clients before federal and state agencies, manages compliance audits, and develops proactive programs to address evolving regulatory challenges. He has handled approximately 2,000 regulatory inspections and investigated hundreds of fatal workplace incidents, delivering practical solutions that minimize liability and support operational goals. Before joining Fisher Phillips, John was a shareholder at a national labor and employment firm, where he advised and represented employers in high-stakes workplace safety and employment law matters across the United States. His broad experience in multi-industry regulatory compliance and litigation enables him to anticipate issues, deliver actionable advice, and partner with clients to achieve optimal outcomes in even the most challenging circumstances.

Curtis G. Moore, Partner | Fisher & Phillips LLP

Curtis G. Moore is a partner at Fisher Phillips, based in the firm’s Charlotte office and also practicing out of Columbus. He represents employers before the Occupational Safety and Health Review Commission (OSHRC), federal and state courts, and other administrative agencies, in Ohio and wherever else his clients’ needs take him. Known for his dedication, tenacity, and resourcefulness, Curt will travel anywhere to help his clients, whether for an OSHA or MSHA inspection, employment litigation case, traditional labor dispute, collective-bargaining session, or workers’ compensation matter. He is also a frequent workplace-safety content contributor to Construction Executive magazine. Immediately prior to joining Fisher Phillips, Curt was an associate at a respected, historic litigation firm in Dayton, Ohio, where he practiced primarily in employment litigation, corporate litigation, professional and medical malpractice defense, and white collar criminal defense.

• Education & Credentials

Curt graduated summa cum laude from the University of Dayton School of Law, earning his J.D. in 2013, and received his B.A. from DePauw University in 2010. He is admitted to practice in North Carolina and Ohio. His court admissions include the Supreme Court of the United States, the U.S. Court of Appeals for the Sixth Circuit, and the U.S. District Courts for the Northern and Southern Districts of Ohio. During law school, he served as Business Editor of the University of Dayton Law Review and was a member of the Mediation Competition Team.

• Recognition & Leadership

Curt has been recognized in The Best Lawyers in America, Ones to Watch (2022–2026), and as an Ohio Super Lawyers Rising Star (2019–2022).

• Professional Involvement

Curt serves as Vice President and Secretary of the House Corporation Board of Directors for the Delta Tau Delta Fraternity, Beta Beta Chapter.

• Experience

Curt represents employers before the OSHRC, federal and state courts, and other administrative agencies. He has defended an international manufacturer, a construction contractor, and a food sanitation and processing facility against citations resulting from workplace fatalities and has defended multiple employers against OSHA citations—including matters involving amputations and overnight inpatient hospitalizations—in approximately 14 different U.S. states. He also represented a client in defense of a retiree and union suit alleging unpaid welfare benefits under ERISA, where discovery and extensive motions practice led to a favorable settlement and established precedent with the opposing union. During law school, Curt was a judicial extern for the Honorable Judge Thomas M. Rose and the Honorable Magistrate Judge Michael J. Newman of the U.S. District Court for the Southern District of Ohio, and a law clerk for the Honorable Judge Steven K. Dankof of the Montgomery County Court of Common Pleas in Dayton, Ohio. He also worked as a law clerk for a Fortune 100 manufacturing company, handling complex traditional labor issues including strike contingency preparation and union avoidance techniques.

SESSION 1 – Inspections Following Dramatic Changes at the Federal and State Levels | 1:00pm – 2:00pm

This session examines how changes at OSHA impacted inspections under the current administration, state actions reacting to perceptions of OSHA in jeopardy, and broader enforcement trends commencing with the Pandemic and OSHA’s response.

BREAK | 2:00pm – 2:10pm

SESSION 2 – OSHA Defense After Jarkesy and Loper Bright: Citations and Compliance | 2:10pm – 3:10pm

This session examines how the 2024 decisions reshape OSHA citation defense, from challenging regulatory authority and ALJ constitutionality to instance-by-instance penalty exposure, plus diverging enforcement across federal OSHA and state-plan states, including heat-standard compliance and the OSHRC quorum crisis.