Mark A.Lies, II

• Named to BTI Client Service All-Stars (2020)

• US Navy commissioned officer and Vietnam veteran, 1968-1974
• American National Standards Institute Z244 Committee, 1998-present
• Better Business Bureau of Chicago board of directors, 2005-present
• Illinois Safety Council board of directors, 2006-2009
• National Demolition Association adjunct matter, 2001-present
• National Fire Prevention Association adjunct member, 1992-present
• Union League Club of Chicago president, 2001-2002
• Village of LaGrange Board of Police and Fire Commissioners chair, 1998-present
• American National Standards Institute Workplace Violence Prevention Guidelines Committee, 2005-present
• American Society of Safety Engineers adjunct member, 2007-present

• Co-Author, "Be Ready to Defend the Castle: Employers Need a Written OSHA Inspection Management Policy," Legal Update, Seyfarth Shaw LLP (June 27, 2023)
• Co-Author, "Vice President Harris Announces New OSHA Emphasis Program for Heat Illness," Legal Update, Seyfarth Shaw LLP (April 13, 2022)
• Co-Author, "OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS," Legal Update, Seyfarth Shaw LLP (January 26, 2022)
• Co-Author, "OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction," Legal Update, Seyfarth Shaw LLP (January 13, 2022)
• Co-Author, "Cal/OSHA and Health Department Publish COVID-19 Guidance for Dine-In Restaurants," Legal Update, Seyfarth Shaw LLP (May 15, 2020)
• Co-Author, "COVID-19: Dealing With Workplace Face Mask Liability Issues," Above Ground Level, AGL Media Group (April 8, 2020)
• Co-Author, "New CDC Face Mask Guidance Raises Liability Issues," Legal Update, Seyfarth Shaw LLP (April 6, 2020)
• Co-Author, "Whistle While You Work: OSHA Whistleblower Liability Expands," Above Ground Level, AGL Media Group (February 11, 2020)
• "Active Shooter Response - Developing an Effective Policy," Management Alert, Seyfarth Shaw LLP (October 3, 2017)
• Co-Author, “After the Rain: Disaster Recovery and Employee Safety Following Hurricane Harvey,” Management Alert, Seyfarth Shaw LLP (August 31, 2017)
• Co-Author, “Waning OSHA Administration Issues Massive Fall Protection Rule,” Tower Times (February 2017)
• Co-Author, “Cell Phone at the Workplace: Managing the Hazards,” Tower Times (December 2016)
• Co-Author, “Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule,” Management Alert, Seyfarth Shaw LLP (November 4, 2016)
• Co-Author, “Workplace Violence: Active Shooter Response,” Render (October 2016)
• Co-Author, “OSHA’s New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting,” Tower Times (September/October 2016)
• Co-Author, “OSHA New Rules Address Post-Accident Drug Testing, Retaliation Claims, and Electronic Injury/Illness Reporting,” Management Alert, Seyfarth Shaw LLP (June 20, 2016)
• Co-Author, “Don’t Get Sandbagged - OSHA Releases Final Silica Rule,” Management Alert, Seyfarth Shaw LLP (June 3, 2016)
• Co-Author, "Zika and Employer Liability Issues," Render Magazine (April 2016)
• Co-Author, "What to Expect from OSHA in 2016 and Beyond," Concrete Openings (March 2016)
• Co-Author, "Zika - Employer Liability Issues," Management Alert, Seyfarth Shaw LLP (February 11, 2016)
• Co-Author, "What To Expect From OSHA In 2016 And Beyond …," Management Alert, Seyfarth Shaw LLP (January 29, 2016)
• “Employee Refusal to Work in Imminent Danger,” Tower Times (November/December 2015)
• Co-Author “Workplace Violence - Putting Employers on the Horns of a Dilemma,” Tower Times (September/October 2015)
• Co-Author “The Perils of PPE - Are You Prepared?,” Render (August 2015)
• Co-Author, "A Tale Of 2 Cases Shows Dilemma Over Workplace Violence," Law360 (August 24, 2015)
• Co-Author “OSHA Campaign to Protect Employees From Heat Hazards - Multiple Legal Liabilities,” Tower Times  (July/August 2015)
• Co-Author, "Judge Affirms OSHA Citation in Death of Healthcare Worker Killed by Mentally Ill Client," Senior Living & Long-Term Care Blog, Seyfarth Shaw LLP (July 8, 2015)
• Co-Author "Hazard Communication Standard Enforcement Underway," Concrete Openings (June 2015)
• Co-Author “Get Ready … Get Set … Go! Hazard Communication Standard Enforcement Begins June 1, 2015,” Tower Times  (May/June 2015)
• Co-Author “Summertime, and the Living is Not Easy: Tips to Limit Liability for Summertime Hazards,” agl Magazine (May 2015)
• Co-Author “Literacy and Language Challenges in the Workplace,” Render (April 2015)
• Co-Author “What to Expect from OSHA in 2015 and Beyond …,” Tower Times (January/February 2015)
• “Happy New Year! OSHA Revises Recordkeeping Rule” Render (December 2014)
• “OSHA “Employee Interview - Leveling the Playing Field” Tower Times (September/October 2014)
• “Ouch! OSHA”s First-aid Requirements Can Sting” Render (August 2014)
• “Pride Goes Before the Fall:  OSHA’s Emphasis on Fall Protection” agl (June 2014)
• “Don’t Spill This Cup!:  Post-Accident and Reasonable Suspicion Drug Testing” Tower Times (May/June 2014)
• “Uncertainty in a Certain World: OSHA’s Attempt to Bypass its Regulations Through ‘Voluntary’ PELs” Tower Times (March/April 2014)
• “Limiting Liabilities for Cold Weather Hazards” Render (February 2014)
• “Weed and Weapons: Workplace Challenges” Render (December 2013)
• “OSHA Slapped on the Write for Using Consultant’s Report: Preserving Legal Privileges for Company Investigations and Audits” Tower Times (November/December 2013)
• “Rogue Supervisor: Federal Court Rejects OSHA’s Attempt to Create Strict Employer Liability” Tower Times (September/October 2013)
• “New Guidance Permits Union Reps During OSHA’s Inspections,” agl (September 2013)
• “Putting The ‘Super’ Back in Supervisor:  OSHA’s Attempt To Make Hourly Employees Supervisors,” Concrete Openings (September 2013)
• “OSHA’s New Initiative on Temporary Employees,” Render (June 2013)
• “OSHA Campaigns to Protect Employees from Heat Hazards,” agl (June 2013)
• “Diabetes Liability Issues In The Workplace,” Tower Times (May/June 2013)
• “OSHA Trumps ADA in Drug and Alcohol Testing,” Render (April 2013)
• “OSHA General Duty Clause Holds Heavy Penalties for Unwary Employers,” agl (April 2013)
• “OSHA to Continue Aggressive Enforcement in 2013,” Render (February 2013)
• “Workplace Confidentiality and Safety Investigations,” agl (December 2012)
• “Discriminate at Your Peril:  Supervisor Personal Liability Under OSHA,” Tower Times (December 2012)
• “Dealing with a Hostile Employee:  Avoiding Workplace Violence,” agl (November 2012)
• “Tell a Tale - Go to Jail:  OSHA Manager Criminal Liability,” Tower Times (November 2012)
• “Office Gossip:  NLRB Adds Confusion to Workplace Investigation Confidentiality Requirements,” Tower Times (October 2012)
• “Haz Comm 2.0:  OSHA Announces Final Hazard Communication Rule,” Concrete Openings (September 2012)
• “Employer Achilles Heel:  Supervisor Failure to Enforce OSHA Compliance,” Tower Times (August 2012)
• “OSHA Campaign to Protect Employees From Heat Hazards - Multiple Legal Liabilities,” Tower Times (July 2012)
• “Court of Appeals Overturns Numerous Willful OSHA Citations and Clearly Reminds OSHA and the OSHA Review Commission That Willful Citations Are Hard to Prove,” Tower Times (June 2012)
• “OSHA Issues Final Hazard Communication Rule,” Render (June 2012)
• “Defending Against a Speculative OSHA Citation,” Render (April 2012)
• “Fall Hazards: One of OSHA’s ‘Big Three’ Citations,” Tower Times (March 2012)
• “Am I Management?,” agl (March 2012)
• “Are You a Reasonably Prudent Employer?  Court Lowers ‘Burden’ of Proof for OSHA,” Tower Times (February 2012)
• “Environmental and Workplace Safety Audits:  Creating and Preserving Legal Privileges,” Tower Times (November 2011)
• “OSHA Expansion Fall Hazard Liability For Host Employers,” Tower Times (September 2011)
• “Use Caution When Allowing Safety Inspections by Insurers,” agl (September 2011)
• “For the Record: OSHA Recordkeeping and Reporting Requirements and State Variations,” Concrete Openings (September 2011)
• “District Court Creates Conflict Between Insurer and Insured Over Safety Inspection Reports,” Tower Times (July 2011)
• “OSHA Campaign to Protect Employees from Heat Hazards,” agl (June 2011)
• “Mob Mentality as a ‘Recognized Hazard’ - OSHA Citation Upheld for Employee Trampling Death,” Tower Times (May 2011)
• “OSHA Issues Guidance on PPE and Duty to Pay,” Render (April 2011)
• “Shame On You! OSHA Regulation by Shaming,” Tower Times (March 2011)
• “Addressing Distracted Driving: Employers Need to Keep Their Eyes on the Road,” Concrete Openings (March 2011)
• “Too Good To Be True:  Potential Pitfalls of OSHA Settlements,” Tower Times (February 2011)
• “Federal OSHA Plays ‘Big Brother’ To State OSHA Plan,s” Tower Times (January 2011)
• “Electrical Safety - OSHA Citations Under NFP 70E,” Tower Times (October 2010)
• “Successfully Defending an OSHA Fatality Citation,” Tower Times (August 2010)
• “A ‘Snitch’ in Time Saves Lives: The Importance of Reporting Safety Violations in the Workplace,” Render (August 2010)
• “OSHA Whistleblower Protection:  Giving Sharper Teeth to a ‘Legal Dinosaur,’” C&D World (July/August 2010)
• “OSHA Ups the Enforcement Ante on Employers,” Tower Times (June 2010)
• “The Importance of Employee Discipline,” Tower Times (April 2010)
• “Disaster Recovery and Employee Safety,” Concrete Openings (March 2010)
• “Employer Job Hazard Assessments Under Attack: Best Practices for Conducting a Compliant Hazard Assessment,” Tower Times (March 2010)
• “OSHA Compliance - Creating Legal Privileges For Company Investigations and Audits,” Tower Times (February 2010)
• “The Aftermath of an Explosion, Part II: Renewed Interest In Controlling Combustible Dust,” Tower Times (January 2010)
• “Set Your Records Straight:  OSHA’s Recordkeeping National Emphasis Program Creates Employer Liability,” Tower Times (December 2009)
• “After the Rain:  Disaster Recovery and Employee Safety,” Tower Times (November 2009)
• “Safety:  The Universal Language?  Literacy and Language Challenges in the Workplace,” Concrete Openings (September 2009)
• “Balancing The ADA With Safety,” Tower Times (July 2009)
• “Swine Flu: The Employer’s Guide to the Legal and Workplace Implications of a Swine Flu Outbreak,” Tower Times (June 2009)
• “OSHA Defense 101:  Avoiding The OSHA Liability Pyramid,” Render (June 2009)
• “Enhanced OSHA Liability For ‘Controlling Employers,’” Tower Times (May 2009)
• “Safety Violations Could Cost You More Than Money — They May Cost You Your Freedom,” Render (April 2009)
• “Increased Risk Of OSHA Repeat Citation,” Render (March 2009)
• “Sick Building Syndrome:  Employer Liability Issues,” Tower Times (February 2009)
• “Avoiding Liability For Terminating The Injured Employee,” Render (January 2009)
• “Avoiding Liability For Lockout/Tagout Violations,” Tower Times (December 2008)
• “Personal Protective Equipment:  Increasing OSHA Liability for Employers,” Render (October 2008)
• “It’s Not The Same Old Song!  Avoiding Age-Related Discrimination Liability,” Tower Times (September 2008)
• “Guns at the Workplace – Liability Challenges,” Tower Times (August 2008)
• “Responding to an OSHA Inspection  (Part Three): Render Employee Interview Rights,” Render (July 2008)
• “Necrotizing Fasciitis – Addressing Employee Concerns About the ‘Flesh Eating Bacteria,” Tower Times (June 2008)
• “Preventing and Managing Workplace Violence,” American Bar Association, Editor, Section of State and Local Government (June 2008)
• “MRSA Infection – Workplace Liability Issues,” Tower Times (March 2008)
• “Responding to an OSHA Inspection,” (Parts I & II) Demolition, (January, February 2008)
• “Tuberculosis Liability Issues in the Workplace,” Tower Times (Fall 2007)
• “OSHA Ability to Cite General Controlling Employer Limited,” Tower Times (June 2007)
• “Corralling the Workplace Bully,” Demolition (May 2007)
• “Avoiding Liability for Sexual Harassment,” Employment Practices Liability Consultant (Winter 2007)
• “Bye Bye Baby Boomers,!” Demolition, Volume 35, Number 1, pp. 31-32 (January/February 2007)
• “Avoiding Hostile Work Environment Claims by Hispanic Employees,” Employment Practices Liability Consultant (Fall 2006)
• “Dealing with a Hostile Employee,” Occupational Health & Safety, Volume 75, Number 11 (November 2006)
• “Doing the Right Thing Without Fear: Employer use of Automatic External Defibrillator,” Tower Times, the magazine for the National Association of Tower Erectors; Render, the magazine for the National Renderers Association; and Demolition, the magazine for the National Demolition Association (October 2006)
• Co-Author of book, “Business Continuity Planning: Preparing for an Avian Flu Pandemic,” Alex Information Solutions, Inc. (August 2006)
• “Employee Access to Workplace Medical and Exposure Records,” Occupational Health & Safety, Volume 75, Number 6, pp. 70-75 (June 2006)
• “Avian Flu is Not Just for the Birds: The Employer's Guide to Legal and Workplace Implications of an Avian Flu Outbreak,” BNA Occupational Safety and Health Reporter, Volume 36, No. 15 (April 13, 2006)
• “Candy Gives Employer a Major Toothache - Avoiding Defamation Liability in Employment Actions,” Author, Employment Practices Liability Consultant (December 2005)
• “Employees Bypass OSHA for Retaliatory Discharge Claims” Employment Practices Liability Consultant (Fall 2005)
• “Love at the Office, Dating May Lead to Disaster,” Author, Demolition Magazine, National Demolition Association (May/June 2005)
• “Guideline for Workplace Violence Prevention and Response,” Contributing Committee Member, ASIS International (2005)
• “Guns at the Workplace – Liability Challenges,” Author, Employment Practices Liability Consultant, International Risk Management Institute (2004)
• “School Violence:  From Discipline to Due Process,” Author, Chapter 6 Workplace Violence:  School Liability, pp. 81-98, American Bar Association (2004)
• “Get Out of My Face!  Dealing With A Hostile Employee,” Tower Times, National Association of Tower Erectors (May 2003)
• “Silence is Golden (Worksite Criminal Law Liability),” Tower Times, National Association of Tower Erectors (June 2003)
• “Workplace Violence:  Costs, Causes and Control,” Employment Practices Liability Consultant (Summer 2003)
• “Courts Rule on Impact of Alcoholism and Stress,” Demolition Magazine, National Demolition Association (Sept./Oct. 2003)
• “Inadequate Fire Response Reemerges In Tragedies,” Tower Times, National Association of Tower Erectors (December 2003)
• “Workplace Violence:  Costs, Causes and Control,” Employment Practices Liability Consultant, International Risk Management Institute (2003)
• “What If . . . Emergency Contingency Planning,” Render Magazine, National Renderers Magazine (February 2002)
• “Violence Prevention at Work – A Business Perspective,” Workplace Violence Symposium, Leesburg, Virginia, Presenter; U.S. Department of Justice, Federal Bureau of Investigation (June 10, 2002)
• Contributing Editor, BNA Occupational Safety and Health Guide (1998)
• “Duty to Warn,” Illinois Association of Defense Trial Counsel First Quarter (1997)
• “Expert Witnesses; The Standards of Admissibility and the Standards Used in Testimony,” Illinois Association of Defense Trial Counsel First Quarter (1995)
• Contributing Author, “Emergency Response,” Industrial Fire Chief Magazine (January, 1992)
• “Complying with OSHA Regulations, Fire Safety and Emergency Response,” University of Michigan, (October, 1992)
• “Managing Occupational Safety and Health Law in the 1990s,” Seyfarth Shaw publication (1992)

Mr. Lies is also a frequent speaker for various employers and professional associations, including:

• Federal Bureau of Investigation
• American Gas Association
• American Society of Safety Engineers
• Illinois Safety Council
• Chemical Industry Council of Illinois
• National Demolition Association
• Occupational Safety and Health Administration (OSHA)
• Outdoor Advertising Association of America
• American Petroleum Institute
• National Renderers Association
• Metropolitan Chicago Healthcare Council
• Food Marketing Institute
• Illinois Municipal League
• Associated General Contractors
• Chicagoland Construction Safety Council
• National Association of Tower Erectors
• Institute of Scrap Recycling Industries

Direct line: +1 (708-415-3815)