Rodney L. Smith


Phone: 303.299.8197

Fax: 303.298.0940

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Legal Secretary

Louisa Boyte

Areas of Emphasis

Safety and Health – OSHA/MSHA

Labor and Employment


  • Juris Doctor, University of Colorado School of Law, 1975
    • Articles Editor, Colorado Law Review
  • Bachelor of Arts, cum laude, University of Colorado, 1970

Rod Smith is a Member in Sherman & Howard’s Labor and Employment Department. He has over 35 years representing employers in labor, employment and occupational safety and health matters. Rod is recognized as one of the top OSHA defense attorneys in the country, representing both small and large employers in a wide range of industries. He frequently writes and speaks on occupational safety and health topics.

Representative Matters
  • Advice on employment, safety and health compliance
  • Development of employment, safety and health programs, including OSHA and MSHA policies
  • Supervisor training
  • OSHA, MSHA and Chemical Safety Board (CSB) inspections
  • Catastrophic and fatality accident investigations and coordination
  • Defense of citations before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and state occupational safety and health agencies
  • With the assistance of criminal defense counsel, defense of state and federal safety and health criminal prosecutions

Representative Cases

  • Secretary of Labor v. Cargill, Inc., No. 12-1283 and 12-1584 (Occupational Safety and Health Review Commission, 2013) (Grain handling and confined space rescue citations vacated)
  • Secretary of Labor v. Cargill Meat Solutions Corporation, No. 10-1156 (Occupational Safety and Health Review Commission, 2012) (In case of first impression, citations for non-payment of required footwear vacated.)
  • United States of America v. Xcel Energy, Inc. et al., No. 09-cr-00389 (U.S. District Court, 2011) (Assisted criminal defense counsel in successful acquittal of OSHA criminal charges.)
  • Secretary of Labor v. Stahl Roofing, Inc., Nos. 00-1268 and 00-1637 (Occupational Safety and Health Review Commission, 2003) (Fall protection citations vacated on employee misconduct defense.)
  • Secretary of Labor v. Mobile Premix Concrete, Inc., No. 95-1192 (Occupational Safety and Health Review Commission, 1997) (Willful confined space citations reduced.)
Professional Activities
  • Member, American Bar Association Committee on Occupational Safety and Health
  • Board of Directors, Colorado Safety Association
  • Past-Chairman, Colorado Bar Association Labor Law Committee