Kristin R.B. White is a Member in the Construction, Energy, and Mining Law industry groups, focusing primarily on workplace safety and health, and labor and employment. She practices out of the Firm’s office in Denver, Colorado.

Kristin regularly counsels and defends clients in regulatory workplace safety matters, and often acts as crisis management counsel for employers across all industries. She acts as a strong advocate for her clients before government agencies and administrative boards, such as the Occupational Safety and Health Review Commission (OSHRC), the Federal Mine Safety and Health Review Commission (FMSHRC), and various state Occupational Safety and Health Act (OSHA) agencies. Her experience further includes defending employers in state and federal court against civil actions, discrimination claims, and other employment law matters. Whether defending her clients in administrative actions or litigation, Kristin is committed to solving her clients’ problems.

Kristin also understands the best solution to a legal problem is to keep it from happening in the first place. Therefore, she has made education and prevention a part of her practice, presenting training programs and preparing written materials on how to avoid employment discrimination claims, and advising on health and safety topics under OSHA and the Mine Safety and Health Act (MSHA).

Kristin's efforts have paid off. She has been named a Colorado Super Lawyers® Rising Star in Energy and Resource law several years in a row. Such accolades should come as no surprise for someone with Kristin's track record, however – she was valedictorian of her law school class at the University of Tulsa and graduated with highest honors from the University of Kansas.

Living in Colorado provides the perfect backdrop for Kristin’s hobbies, which include camping, hiking, and skiing with her two children (who already ski better than she can, in snow and in water).

Awards

Colorado Super Lawyers® Rising Stars - Energy & Resources Law (2013-2016)

Notable Legal Experience

Represented various employers in OSHA and MSHA fatality and accident investigations
Represented operators regarding jurisdiction disputes between OSHA and MSHA
Represented employers in discrimination investigations, temporary reinstatement proceedings and hearings
Represented government contractor in Federal OSHA inspection relating to allegations of chemical and noise overexposures
Represented electrical power plant during PSM inspection and resulting citations
Represented manufacturer in relation to allegations of improper guarding, training and chemical exposures
Represented construction companies regarding improper excavations and trenching
Represented service providers in defense of improper electrical procedures, lockout/tagout and training allegations
Represented manufacturer during accident investigation and resulting citations from alleged nip-points
Represented national provider of cold-storage warehousing in defense of project safety management (PSM) inspections in multiple locations
Represented nationwide government contractor in relation to regulatory compliance assistance for fall protection requirements and training at multiple sites
Represented construction company regarding allegations of improper guarding and fall protection
Represented multiple employers in cases involving all types of citations including willful and repeat allegations
Represented employers in Title VII and ADA discrimination claims
Represented employers in defense of WARN Act class actions

Work History

Jackson Kelly PLLC (2009-Present)
Holland & Hart LLP (2001-2009)

Practices

Labor & Employment
Workplace Safety & Health

Industries

Construction
Energy
Hotels & Hospitality
Manufacturing
Mining
Oil & Gas

Education

University of Tulsa College of Law (J.D., 2001)
- Valedictorian
- Order of the Curule Chair
- Tulsa Law Review, Articles and Research Editor
University of Kansas (B.A. in History, highest honors, 1998)
- Phi Beta Kappa

Admissions

Colorado (2001)

U.S. Court of Appeals, District of Columbia Circuit (2008)
United States Supreme Court (2005)
U.S. Court of Appeals, Tenth Circuit (2004)
U.S. Court of Appeals, Fourth Circuit (2003)
U.S. District Court, District of Colorado (2001)

Professional Organizations

American Bar Association, Occupational Safety & Health Committee
American Society of Safety Engineers (ASSE)
Colorado Bar Association
Denver Bar Association
Women In Energy (WIE, Denver)

Speaking Engagements & Publications

Speaking Engagements

Presenter, “OSHA’s PSM Standard: Achieving Compliance and Avoiding Pitfalls,” AIHA‑RMS & ASSE Fall Technical Conference (Sept. 12, 2018)
Co-presenter, “Understanding Ethical Responsibilities and Legal Liabilities,” ASSE Professional Development Conference & Exposition (June 4, 2018)
Co-presenter, “Crisis Management Plans: How Good Is Your Plan Under Fire?,” ASSE Professional Development Conference & Exposition, (June 4, 2018)
Presenter, “Employment Law Update,” ASSE Colorado Chapter (April 10, 2018)
Presenter, “Avoiding Employee Lawsuits: Managing Sexual Harassment, Hiring, and Firing Issues in the Workplace,” RIMS Monthly Meeting (March 22, 2018)
Presenter, “Crisis Management Plans: How Good Is Your Plan Under Fire?,” NSSGA Legal Symposium (March 7, 2018)
Moderator, "105(c) Temporary Reinstatement: Economic vs. Actual Reinstatement and Other 105(c) Issues,” ABA: 2018 Midwinter Meeting of the Occupational Safety and Health Law Committee (Feb. 27, 2018)
Presenter, "Workplace Violence - Steps an Employer Can and Should Take Ahead of Time," ASAC 5th Annual Health & Safety Summit (Jan. 25, 2018)
Presenter, “OSHA Update: “Are Your Programs Ready?,” Southeast Mine Safety & Health Conference (Nov. 1, 2017)
Presenter, “OSHA Recordkeeping Requirements: Electronic Submissions, Incentive Programs, and Drug Tests. Are Your Programs Ready?,” CRMCA/CSSGA (Oct. 10, 2017)
Co-presenter, "Emergency Response Plans: How Good is Your Plan Under Fire?,” ASSE Professional Development Conference & Exposition (June 27, 2017)
Co-presenter, "OSHA to EPA: Environmental & Safety Regulatory Predictions Under a Trump Presidency," Association of Corporate Counsel In-House Counsel Forum (April 5, 2017)
Moderator, MSHA Update Panel — Recent Developments in Mine Safety and Health Law, American Bar Association Occupational Safety and Health Law Committee 2017 Midwinter Meeting (March 9, 2017)
Presenter, "OSHA's New Recordkeeping Rule Requirements," IMA, Inc. (March 8, 2017)
Presenter, "Retention Policies," Webinar to CSAC Excess Insurance Authority (Jan. 26, 2017)
Co-presenter, "OSHA's New Recordkeeping Rule Requirements," Drug Testing and Incentive Programs, Colorado Chapter of ASSE (Jan. 10, 2017)
Presenter, "OSHA Hot Topics," Mountains & Plains ERC Continuing Education (Oct. 20, 2016)
Presenter, "Human Resources Legal Update," Leavitt Group (Sept. 22, 2016)
Presenter, "Criminal Liability for OSH Professionals," ASSE Fall Technical Conference (Sept. 21, 2016)
Co-presenter, "Effectively Managing a Crisis and the First Steps to Take When a Crisis Strikes," National ASSE Conference (June 27, 2016)
Presenter, "The Roles and Responsibilities of an Employer After a Workplace Accident," CSU School of Public Health: Crisis Management (May 11, 2016)
Presenter, "The Anatomy of a Workplace Accident on an OSHA Regulated Site," Rocky Mountain Safety and Health Conference (May 2, 2016)
Presenter, "Recent Developments in Discrimination Cases Under the Mine Act, and a Comparison with the OSH Act," ABA: 2016 Midwinter Meeting of the Occupational Safety and Health Law Committee, Santa Barbara, California (March 10, 2016)
Workplace Violence Prevention and Policy Panel Member, ASSE Spring Professional Conference 2016 (March 3, 2016)
Presenter, Colorado Bar Association Labor and Employment Committee OSHA 11(c) cases (Dec. 17, 2015)
Presenter, "Do's and Don'ts of Hiring and Firing," Colorado Livestock Association Member Meeting (Dec. 2, 2015)
Presenter, "OSHA's PSM Standard: Achieving Compliance and Avoiding Pitfalls," 2015 ASSE Professional Development Conference, Dallas, Texas (June 9, 2015)
Moderator, "Safety & Health Performance Matrix," Colorado Safety Association 2015 Rocky Mountain Health and Safety Conference, Westminster, Colorado (May 18, 2015)
Presenter, Emergency Response and Crisis Management, University of Tulsa Faculty & Alumni Showcase Series (April 24, 2015)
Presenter, "The Myth of Contractual Immunity: The Legal Risks on Multi-Employer Jobsites," 2014 ASSE Professional Development Conference (June 11, 2014)
Presenter, "Rising OSHA Concerns In Shale Gas Development," West Virginia University, Hot Issues in Shale Play (March 27, 2014)
Presenter, "OSHA Trends to Watch For in 2014," Jackson Kelly PLLC Webinar (March 25, 2014)
Presenter, "MSHA: Mining Through the Regulatory Changes: The Right to Review Company Records and Criminal Prosecution," American Bar Association Occupational Safety and Health Law Committee Midwinter Meeting (March 14, 2014)
Speaker, "Current Developments Under the Anti-Retaliation Provisions of Section 105(c) of the Federal Mine Safety & Health Act," Pittsburgh Coal Mining Institute of America and Pennsylvania Coal Alliance 22nd Annual Safety and Health Law Seminar, Greensburg, Pennsylvania (June 20, 2013)
Speaker with M. Robin Repass, "Lessons Learned in Workforce Management from Experienced Employee and Employer Representatives," Association of Corporate Counsel (ACC) America Colorado Chapter 2013 In-House Counsel Forum, Denver, Colorado (April 26, 2013)
Women in Energy Presentation, "OSHA Enforcement Update," (July 31, 2012)
ASSE Presentation, "Law for the Safety Professional," (March 29, 2011)
AlHce Presentation, "Statutory Liability Under OSHA's Multi-Employer Worksite Policy," (May 24, 2010)
ASSE Presentation, "Minimizing Risk in Today's Enforcement Environment," (May 11, 2010)
North Dakota Spring Thaw, "Supervisors Rights and Responsibilities under MSHA," (April 8, 2010)
Client Presentation, "Supervisors Rights and Responsibilities under OSHA," (March 24, 2010)
OSHA Webinar, "Be Prepared for More Than Just the Basics in Unchartered Territory," (March 16, 2010)

Writings and Publications

Author, "When it comes to proving an MSHA citation, facts matter," Aggregates Manager magazine (Jan. 2019)
Author, "In the #MeToo Era, increased sexual harassment claims are likely in the workplace," Aggregates Manager magazine (Feb. 2018)
Co-author with Adam J. Schwendeman, "ALJs reject MSHA's attempt to expand definition of 'working place,'" Aggregates Manager magazine (Feb. 2017)
Co-author with Benjamin J. Ross, "Will 2016 bring more criminal prosecutions under the DOL/DOJ worker safety initiative?, Aggregates Manager magazine (Feb. 2016)
"Agency expands its use of Section 103(k) orders as the Commission broadens the definition of accident," Aggregates Manager magazine (Feb. 2014)
Co-Author, "Challenging OSHA's Multi-Employer Citation Policy," The Colorado Lawyer, Vol. 37, No. 3 (March 2008)
"Product Liability Suits and The Stream of Commerce After Asahi: World-Wide Volkswagen Is Still The Answer," Tulsa Law Journal (Spring/Summer 2000)

Community

Metro Care Giving Volunteer
Women’s Foundation of Colorado, Volunteer