People: Mark A. Lies, II, Partner

Photo of Mark A. Lies, II, Partner

Mark A. Lies, II

Partner

Chicago
Direct: (312) 460-5877
Fax: (312) 460-7877
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Mr. Lies is a partner in the Chicago office.  His primary practice areas involve occupational safety and health law, related personal injury litigation and employment law, including single plaintiff and class action litigation and counseling.

In his occupational safety and health law practice, he has represented employers on a national basis in complying with occupational safety and health regulations issued by OSHA and MSHA, as well as representing employers during OSHA and MSHA inspections, OSHA and MSHA citation enforcement proceedings and trial of OSHA cases before federal and state agencies and appeals to federal and state court.  In the course of this representation, he has also defended related civil tort actions involving mass personal injury and fatality accidents and property damage claims resulting from fires and explosions at refineries and petrochemical plants, construction accidents, ammonia and other toxic substance releases at food and other processing plants, as well as employee exposure to ergonomic hazards, mold, tuberculosis, SARS, MRSA, lead, asbestos, benzene, cadmium, hydrogen sulfide and other toxic substances.  He has extensive experience in disaster preplanning and response, including pandemic preplanning for Avian Flu and Swine Flu (H1N1).

In his companion employment law practice, he represents employers on a national basis involving developing compliant employment policies and appearing before the EEOC and state human rights agencies.  He has defended employers in single plaintiff and class action employment litigation in federal and state court involving discrimination based on race, age, sex, religion, disability and retaliatory discharge cases involving exercise of First Amendment and other employee protected activity.  He has tried jury cases and argued appeals in federal and state courts.  In addition, his practice has included counseling and defense of workplace violence threats and incidents requiring involvement with the FBI, Department of Homeland Security and other federal and state agencies.  He has authored numerous publications on preventing workplace violence, including as editor of “Preventing and Managing Workplace Violence” published by the ABA.

Mr. Lies is a partner in the Chicago office.  His primary practice areas involve occupational safety and health law, related personal injury litigation and employment law, including single plaintiff and class action litigation and counseling.

In his occupational safety and health law practice, he has represented employers on a national basis in complying with occupational safety and health regulations issued by OSHA and MSHA, as well as representing employers during OSHA and MSHA inspections, OSHA and MSHA citation enforcement proceedings and trial of OSHA cases before federal and state agencies and appeals to federal and state court.  In the course of this representation, he has also defended related civil tort actions involving mass personal injury and fatality accidents and property damage claims resulting from fires and explosions at refineries and petrochemical plants, construction accidents, ammonia and other toxic substance releases at food and other processing plants, as well as employee exposure to ergonomic hazards, mold, tuberculosis, SARS, MRSA, lead, asbestos, benzene, cadmium, hydrogen sulfide and other toxic substances.  He has extensive experience in disaster preplanning and response, including pandemic preplanning for Avian Flu and Swine Flu (H1N1).

In his companion employment law practice, he represents employers on a national basis involving developing compliant employment policies and appearing before the EEOC and state human rights agencies.  He has defended employers in single plaintiff and class action employment litigation in federal and state court involving discrimination based on race, age, sex, religion, disability and retaliatory discharge cases involving exercise of First Amendment and other employee protected activity.  He has tried jury cases and argued appeals in federal and state courts.  In addition, his practice has included counseling and defense of workplace violence threats and incidents requiring involvement with the FBI, Department of Homeland Security and other federal and state agencies.  He has authored numerous publications on preventing workplace violence, including as editor of “Preventing and Managing Workplace Violence” published by the ABA.

Education

  • J.D., DePaul University College of Law (1974)
    Case and Comment Editor, DePaul University Law Journal
  • B.A., University of Notre Dame (1968)

Admissions

  • Illinois

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the Third, Fourth, Seventh and Eleventh Circuits
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Claims

Affiliations

  • Commissioned Officer U.S. Navy/Vietnam Veteran (1968-1974)
  • American National Standards Institute, Member Z244 Committee (1998-)
  • Better Business Bureau of Chicago, Board of Directors (2005-)
  • Illinois Safety Council, Board of Directors (2006-2009)
  • National Demolition Association, Adjunct Member (2001-)
  • National Fire Prevention Association, Adjunct Member (1992-)
  • Union League Club of Chicago, President (2001-02)
  • Village of LaGrange, Chairman Board of Police and Fire Commissioners (1998-)
  • Workplace Violence Prevention Guidelines Committee, American National Standards Institute, ASIS (2005-)
  • Adjunct Member, American Society of Safety Engineers (2007-)

Presentations

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

Publications

  • "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, “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, "Zika and Employer Liability Issues," Render Magazine (April 2016)
  • Co-Author, "What to Expect from OSHA in 2016 and Beyond," Concrete Openings (March 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)