Mark G. Maser assists his clients with a broad array of environmental, health, and safety compliance and enforcement matters.
In the environmental arena, Mark advises and defends a diverse client base that includes major pharmaceutical and chemical manufacturers, small businesses, and individuals. Mark provides guidance and analysis in the following areas: CERCLA/NJ Spill Act; Resource Conservation and Recovery Act (RCRA); Clean Water Act; NJ State Pollution Discharge Elimination System; Industrial Site Recovery Act (ISRA); NJ Site Remediation Reform Act (SRRA); Solid Waste Management Act; and the Toxic Substance Control Act (TSCA).
On the health and safety side of the ledger, Mark assists clients in designing and implementing OSHA compliance programs, developing standard operating procedures for compliance with various OSHA standards, and performing internal investigations of workplace injuries and fatalities. He regularly contests OSHA citations at the Area Director Level and, when litigation is unavoidable, he represents clients before the U.S. Occupation Safety and Health Review Commission (OSHRC). Mark’s knowledge of hazardous materials transportation and security requirements enables him to effectively and efficiently achieve favorable results for his clients that are confronted with Department of Transportation (DOT), Federal Aviation Administration (FAA) and/or Drug Enforcement Agency (DEA) citations.
Prior to becoming an attorney, Mark managed the Environmental Health and Safety (EH&S) Audit Department for the fourth largest electricity company in the United States. He directed the execution of Multi-Media Environmental Compliance Audits, OSHA Compliance Assessments, Incident Investigations, and Management Systems Assessments under the scrutiny of a Federal Court Appointed Monitor. Mark was also the leader of the utility company’s 24/7 Corporate Environmental Response Team where he ensured that utility company’s response to environmental incidents was coordinated with the efforts of city, state, and federal government agencies. He received the utility company’s highest award for EH&S excellence.
Mark was a senior officer in the United States Coast Guard where he served as Coast Guard’s Liaison to the Mayor of the City of New York, the New York City Office of Emergency Management, and the Federal Emergency Management Agency (FEMA) during the response to the September 11th terrorist attack on the World Trade Center. After the U.S. Coast Guard was placed in charge of the Hurricane Katrina response and recovery effort, Mark served as U.S. Department of Homeland Security (DHS) Planning Section Chief in New Orleans.
- Counsel on behalf of defendants for alleged serious violations of the Occupational Safety and Health Act (OSH Act) General Duty Clause. The OSHRC issued an order to settle the matter without any judgment of liability on the part of the client. -- CHAO v. United States Cold Storage. No. 07-1280 (U.S. Dept. of Labor).
- Counseled client during OSHA investigation of an Employee Whistle Blower Retaliation Complaint alleging wrongful termination. No further action was taken by OSHA with regard to the Employee Whistle Blower Retaliation Complaint.
- Represented major pharmaceutical industry client during Federal OSHA inquiry regarding health & safety protection for contract security guards - no citations issued.
- Represented major pharmaceutical industry client in arbitration proceeding against a landlord and roofing contractor who caused asbestos containing materials to enter the client's medical research facility, causing potential harmful exposures to employees and research primates. The matter was settled favorably for the client prior to formal proceedings.
- Counseled worldwide telecommunications company client on preparing a plan for compliance with OSHA standards and regulations that are likely to be implicated in connection with employee related exposures to the ‘Bird Flu’ virus.
- Performed OSHA Process Safety Management Audit and evaluation of OSHA General Duty Clause compliance in response to employee complaint that employer (a global adhesive label manufacturing client) failed to comply with insurance carrier recommendations and/or American Society for Testing and Materials (ASTM) standards regarding fire/explosion protection and building design.
- Lead internal investigation of a rail car collision on global chemical manufacturer client’s property that resulted in the death of a railroad worker. Analyzed interface and preemption issues related to Federal Railroad Administration (FRA) regulations, OSHA Standards, OSHA Standards Interpretation Letters, and the OSHA Multi-Employer Worksite Enforcement Policy.
- Conducted internal investigation of an electrical contact accident that occurred while temporary staffing agency client’s employee was assisting a third-party vendor with electrical repair work at a major electric generating station.
- New Jersey
- New York
- Seton Hall University School of Law, J.D., 2003, cum laude
- St. Joseph's University, M.S., 1998, summa cum laude
- United States Coast Guard Academy, 1985
- U.S. District Court, District of New Jersey