Donna Kelly is a Partner in the Natural Resources Practice Group and Chair of the firm's Mine Safety and Health Practice Group. Donna focuses on workplace safety law and regularly represents employers in dealings with governmental enforcement agencies, particularly the United States Mine Safety and Health Administration and the Occupational Safety and Health Administration as well as State safety and health agencies. She frequently represents employers in special investigations, workplace accident investigations, audits, and discrimination matters. In addition, she represents employers before the Federal Mine Safety and Health Review Commission, state regulatory agencies and in federal and state courts. She also assists clients in handling compliance issues including commenting on proposed regulatory rules and requesting variances. She frequently writes and speaks on the subject of safety law, both for industry seminars and for individual companies, and she trains company personnel on compliance issues.
Memberships & Affiliations
· West Virginia Coal Association, Mine Safety Committee
· National Mining Association; Safety, Health and Human Resources Committee
· West Virginia Chamber of Commerce, Safety and Health Subcommittee
· Childhood Language Center, Board Vice President
Distinctions
· Listed in The Best Lawyers in America®
· Listed in Chambers USA Guide to America's Leading Business Lawyers
Experience
Rum Creek Coal Sales, Inc. v. Caperton
Rum Creek Coal Sales, Inc.
Decision holding state refusal to enforce criminal laws against striker crimes in a labor dispute a deprivation of the employer's federal constitutional rights
Wellmore Coal Corp. v. Federal Mine Safety & Health Review Commission
Wellmore Coal Corporation
Mine safety and health discrimination
Mine Safety and Health
Various Coal Companies
Representation of coal companies in matters related to mine safety and health
Eastern Associated Coal Corp. v. United Mine Workers of America, District 17, et al., 531 U.S. 57 (2000)
Eastern Associated Coal Corporation
Case involving issues of public policy, arbitration, and termination for drug use
Howard Hypes, Plaintiff-Appellant v. Cyprus Kanawha Corporation, Defendant-Appellee
Cyprus Kanawha Corporation
Successful defense of appeal of arbitration award finding employer did not wrongfully discharge employee