Nickole C. Winnett
Firm: Jackson Lewis P.C.
Address: 10701 Parkridge Boulevard, Suite 300
Reston, VA 20191
Membership: Professional Associations and Activities•American Bar Association •North Carolina State Bar
University: University of North Carolina at Charlotte, B.A., magna cum laude, 2001, University of North Carolina at Chapel Hill School of Law, J.D., 2006
Admitted: 2006, North Carolina; 2007, U.S. Court of Appeals, Fifth Circuit; 2009, U.S. Court of Appeals, Tenth Circuit; 2010, U.S. Court of Appeals, Fourth Circuit; 2012, District of Columbia
Biography: Nickole Winnett is a Shareholder in the Washington, D.C. Region office of Jackson Lewis P.C. She focuses her practice on advising clients regarding workplace safety and health matters.Ms. Winnett represents employers on litigation matters before the Occupational Safety and Health Review Commission and administrative and rulemaking matters before the Occupational Safety and Health Administration. She routinely provides OSHA inspection counseling and safety and health compliance counseling to employers in general industry and construction. She also conducts safety and health compliance audits and reviews and revises corporate safety and health policies.Ms. Winnett also represents employers during OSHA investigations and litigation arising under numerous whistleblower provisions, including section 11(c) of the Occupational Safety and Health Act, the Surface Transportation Assistance Act, the Pipeline Safety Improvement Act, the Federal Railroad Safety Act, and the Energy Reorganization Act.Prior to coming to Jackson Lewis, Ms. Winnett worked at the U.S. Department of Labor as an Honors Attorney and Staff Attorney in a variety of employment matters, including trial and appellate litigation related to safety and health matters on behalf of OSHA, as well as wage and hour matters under the Fair Labor Standards Act and the Davis Bacon Act on behalf of the Wage and Hour Division. She also represented U.S. Department of Labor management officials in cases brought under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. Ms. Winnett also provided legal advice and counseling to the Office of Whistleblower Protection Programs and served as Special Assistant to the current Solicitor of Labor, Ms. M. Patricia Smith.While attending the University of North Carolina at Chapel Hill School of Law, she was Internal Communications Editor of the First Amendment Law Review and authored Don't Fence Us In: A First Amendment Right to Freedom of Assembly and Speech. PublicationsOctober 7, 2015Lawmakers Pledge Action to Curb Agency Guidance DocumentsOctober 7, 2015Under an exception to the rulemaking process, federal agencies may use legally nonbinding guidance documents to interpret regulations. This has led some U.S. senators not only to issue a broad pledge to restrict the practice when such guidance becomes a rule enforceable against a regulated community, but also to request that the... September 2, 2015OSHA Updates Its National Emphasis Program on AmputationsSeptember 2, 2015Noting that the manufacturing sector experienced more than twice the rate of amputations as that of the entire private sector in 2013, the Occupational Safety and Health Administration has updated its nine-year-old National Emphasis Program (NEP) on amputations.The NEP targets industries with high numbers and rates of amputations,... August 27, 2015Reminder of Challenges Associated with Workplace Violence PreventionAugust 27, 2015The August 26 shooting of two journalists by a former co-worker on live TV in Virginia is a stark reminder that a worker may become violent.Violent incidents at work resulting in death or serious injury to employees have risen dramatically. Two million American workers a year report having been victims of workplace violence, with one... In the NewsJuly 29, 2015Bloomberg BNA Occupational Safety and Health ReporterTressi Cordaro and Nickole Winnett Discuss Occupational Safety and Health Review CommissionJuly 29, 2015Tressi Cordaro and Nickole Winnett comment on the two-member Occupational Safety and Health Review Commission in Short-Handed Commission Returns to Fractious Ground, published in Bloomberg BNA's Occupational Safety and Health Reporter.Subscription may be required to view article June 29, 2015Inspectioneering.comNickole Winnett Authors 8 Tips for Addressing OSHA's New Enforcement Guidance on RAGAGEP under the Process Safety Management Standard June 29, 2015Nickole Winnett authors 8 Tips for Addressing OSHA's New Enforcement Guidance on RAGAGEP under the Process Safety Management Standard, published on Inspectioneering.com.Subscription may be required to view article June 25, 2015Bloomberg BNA Daily Labor ReportNickole Winnett Comments on New OSHA Enforcement PolicyJune 25, 2015Nickole Winnett is quoted in “Enforcement Policy Covers Patient Handling, Other Elements in Health-Care Inspections” published in Bloomberg BNA's Daily Labor Report.Subscription may be required to view artic BlogsOSHA Law Inspections are Not All Equal: OSHA Develops Tiered Inspection System October 2, 2015OSHA announced this week a shift in how it will evaluate inspections, recognizing that inspections are not all equal and that more-complex inspections deserve more weight. By Nickole C. Winnett OSHA Law OSHA Updates the National Emphasis Program on Amputations August 20, 2015OSHA's National Emphasis Program (“NEP”) on Amputations has been in effect since 2006 but on August 13th the Agency issued an updated NEP (CPL 03-00-019) that significantly expands the industries targeted for inspections. By Nickole C. Winnett OSHA Law OSHA launches its Hazard Identification Training Tool June 26, 2015OSHA's new Hazard Identification Training Tool is designed as “an interactive, online, game-based training tool for small business owners, workers and others interested in learning the core concepts of hazard identification.” Users enter a rudimentary virtual world where they are able to choose to visit one of four scenarios: OSHA Visual By Nickole C. Winnett