Patrick Wayne Dennison is a Member of the Construction and Energy industry groups, focusing primarily on litigation, workplace health and safety, and labor and employment. He practices out of the Firm’s office in Pittsburgh, Pennsylvania.
Patrick spends much of his time representing companies challenging enforcement actions by the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA). Patrick combines a deep knowledge of MSHA and OSHA laws and regulations with a high-level understanding of the industry to provide his clients unsurpassed representation and counsel. It helps that Patrick knows the mining and construction industries like the back of his hand — he grew up in a small coal mining town, comes from a family of miners, and worked for a mine and in construction while in college. So, it’s no wonder one of his favorite parts of his practice is getting to know the people at the mines and operations he represents.
Patrick has traveled throughout the country to defend companies in proceedings before administrative law judges and in matters ranging from pre-trial discovery up through appeals to the United States Courts of Appeal. Patrick’s experience also extends to labor and employment issues, including representing employers in discrimination cases. Besides legal services, Patrick provides companies with training in safety, health, and employment-related matters. Before joining Jackson Kelly, Patrick worked for a law firm in Jacksonville, Florida.
An athlete by nature, Patrick enjoys most sports but holds a genuine passion for folkstyle, freestyle, and Greco-Roman wrestling. Patrick believes that dedicating oneself to any sport requires persistence, ingenuity, and a keen ability to focus on small but essential details. Living by the words of Olympic wrestler and legendary coach, Dan Gable, who famously said, "[O]nce you've wrestled, everything else in life is easy," Patrick attributes his nearly 30 years of wrestling experience as competitor or coach to shaping his focused approach to his legal practice.
Outside of the office, Patrick enjoys spending time with his wife and three kids. More often than not, however, his "free time" involves coaching his sons and daughter in wrestling or nervously watching his daughter compete in gymnastics. Luckily for Patrick, his wife was a competitive gymnast who enjoys competition as much, if not more, than he does.
Awards
- Rising Star for Energy & Natural Resources Law, Pennsylvania Super Lawyers® (2015-2018)
Notable Legal Experience
- Represented companies in administrative hearings in Alabama, Colorado, Illinois, Indiana, Minnesota, Pennsylvania, and West Virginia
- Provided counsel to operators and miners during investigations pertaining to alleged violations of Sections 103(a), 105 and 110 of the Mine Act
- Participated in appellate litigation before the United States Court of Appeals for the District of Columbia, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits
- Represented mining and energy clients during investigations of serious and fatal accidents
Work History
- Jackson Kelly PLLC (2010-Present)
- Tyler and Hamilton, P.A. (2007-2010)
Practices
- Workplace Safety & Health
- Labor & Employment
Industries
- Coal
- Construction
- Energy
- Oil & Gas
Education
- Florida Coastal School of Law (J.D., 2009)
- California University of Pennsylvania (B.A. in Philosophy and English, magna cum laude, 2003)
Admissions
- Pennsylvania
- Florida
- U.S. District Court, Western District of Pennsylvania
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, District of Columbia Circuit
Speaking Engagements & Publications
Speaking Engagements
- "Emergency Response and Crisis Management," Pennsylvania Aggregates and Concrete Safety Conference, State College, Pennsylvania (Feb. 2018)
- “Legal considerations and pitfalls to avoid in preparing Root Cause Analyses” Pennsylvania Independent Oil and Gas Association Technical Seminar Series, South Pointe, Pennsylvania (Aug. 2017)
- “Regulatory Update,” Pennsylvania Coal Alliance, Greensburg, Pennsylvania (June 2017)
- “Emergency Response and Crisis Management,” Northeast Mine Safety Conference, Columbus, Ohio (April 2017)
- “Notable Commission and Circuit Court Case Law Update,” Energy & Mineral Law Foundation, Las Vegas, Nevada (Sept. 2016)
- "The Science and Enforcement of the Rock Dust Standard," Pennsylvania Coal Alliance, Greensburg, Pennsylvania (June 2016)
- “Emergency Response and Crisis Management,” National Lime Association, Charleston, South Carolina (June 2016)
- “OSHA’s Final Silica Rule,” Pennsylvania Independent Oil & Gas Association Safety Committee, Cranberry Township, Pennsylvania (April 2016)
- “Emergency Response and Crisis Management,” International Society of Mine Safety Professionals, West Palm Beach, Florida (July 2015)
- “Review of Recent Circuit Court and Federal Mine Safety and Health Review Commission Decisions,” West Virginia Coal Mining Institute Annual Fall Meeting, The Greenbrier, White Sulphur Springs, West Virginia (Oct. 2013)
- “Special Assessment of Penalties - Current Developments and Challenges to MSHA’s Special Assessment Process,” Pittsburgh Coal Mining Institute of America and Pennsylvania Coal Alliance 22nd Annual Safety and Health Law Seminar, Greensburg, Pennsylvania (June 20, 2013)
- “Pre-assessment Conferencing and Mass Settlement Conferences,” Pittsburgh Coal Mining Institute of America and Pennsylvania Coal Alliance 21st Annual Safety and Health Law Seminar, Greensburg, Pennsylvania (June 14, 2012)
Writings and Publications
- Author, "Changes to the petition for modification process may increase work for operators," Aggregates Manager magazine (Dec. 2018)
- Author, "Who has settlement authority? MSHA and the FMSHRC clash on the subject," Aggregates Manager magazine (Sept. 2018)
- Author, "Lack of clear jurisdiction leads to inconsistent enforcement," Aggregates Manager magazine (April 2018)
- Author, “Judicial stalemate continues as vacancy remains unfilled,” Aggregates Manager magazine (Dec. 2017)
- Co-author with Adam J. Schwendeman, “As case law on flagrant violations develops, ALJ upholds the designation under ‘narrow interpretation’,” Aggregates Manager magazine (Aug. 2017)
- Author, “Sixth Circuit denies MSHA’s overreach on repair facilities,” Aggregates Manager magazine (April 2017)
- Co-author with Benjamin J. Ross, “Share feedback on MSHA’s proposed workplace exam rule,” Aggregates Manager magazine (Sept. 2016)
- Author, “The Review Commission may have provided a road map for POV litigation,” Aggregates Manager magazine (Dec. 2015)
- Author, “Who needs rulemaking?,” Aggregates Manager magazine (Sept. 2015)
- Author, “Will a new Supreme Court ruling mean put an end to the doctrine of deference?,” Aggregates Manager magazine (July 2015)
- Author, “Escort Required: Denial of walkaround rights during impact inspection may lead to vacated citations,” Aggregates Manager magazine (Sept. 2014)
- Author, “Operators should be diligent in contesting special assessments and seeking justification for penalty calculations,” Aggregates Manager magazine (Sept. 2013)
- Author, “Section 103(k) Shutdowns - MSHA’s Expansive Use of Section 103(k) Orders is a Derogation of the Purpose and Intent of an Enforcement Tool,” Aggregates Manager magazine (March 2012)
- Author, “No Notice Required - MSHA’s Disregard for Rulemaking Authority Makes Its Way to the Review Commission,” Aggregates Manager magazine (Oct. 2011)
- Co-author with R. Henry Moore, “Developments in the Requirements for Unwarrantable Failure and Significant and Substantial Under the Federal Mine Safety and Health Act of 1977,” EMLF 32 Energy & Min. L. Inst. 17, 2011
Community
- Team in Training: Leukemia/Lymphoma Society
- Advocate for Autism Awareness
- Scholastic wrestling coach