Derek J. Brostek

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Derek J. Brostek

Managing Partner

540.438.5362
dbrostek@wawlaw.com

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We’re not just here when something bad happens. We’re here so that you’re ready if something bad happens.

Derek provides a complete portfolio of Occupational Safety & Health-related services as a partner in the OSHA practice group. He offers customized training packages for safety teams, consultations on OSHA compliance, advice and recommendations during an inspection, and the litigation services needed to successfully defend against citations. Derek can assist you on OSHA enforcement topics, such as: machine guarding; fall protection; lock-out/tag-out (LOTO); process safety management (PSM); reporting and recording injuries and illnesses; walking-working surfaces; ergonomics and medical management; personal protective equipment (PPE); OSHA’s enforcement of restroom breaks, and many other areas.

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derek brostek

Meet Derek

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Legal Secretary

Danielle/Laura
24

Years of Experience

2

Number of Kids

24

Number of Marine Corps Birthday Balls

  • Civil Litigation

  • Corporate Governance

  • Environmental Law

  • OSHA
    • William & Mary School of Law (J.D., 2001 Order of the Coif)
    • University of Rochester (B.A. in Political Science, 1994- Magna Cum Laude, Phi Beta Kappa),
    • LL.M (2009) The Army JAG School (one of four honor graduates)
    • Western District of Virginia
    • Virginia (2001)

    Derek has authored several articles in the area of criminal law and procedure:

    • “Prosecuting an HIV-Related Crime in a Military Court-Martial: A Primer,” ARMY LAW, Sep.2009 at 29
    • “Searching for Reasonableness—The Supreme Court Revisits the Fourth Amendment,” ARMY LAW, Feb.2010 at 4
    • “Judge Advocates Struggle with Aggravation,” ARMY LAW, Mar. 2010 at 5
    • American Bar Association, 2004 Younger Federal Lawyer Award for criminal defense work
    • Virginia State Bar
    • Harrisonburg-Rockingham Bar Association
    • Selected to Virginia Business’ Virginia Elite for Civil Litigation- 2014-2018
    • Rotary Club of Rockingham County

    Derek Will Fight For Your Rights.

    Derek’s OSHA practice is nationwide, and his clients can reach him quickly and easily. He has a reputation for understanding his clients’ unique concerns and passionately advocating for them. He has litigated OSHA cases in 9 of the 10 Federal OSHA Regions, and many of the State OSHA plans across the country. As a retired Marine Corps Lieutenant Colonel, Derek brings discipline, commitment, and a willingness to fight to his relationships with clients. After starting his Marine service as an artillery officer, Derek was selected by the Marine Corps to attend Law School at the College of William & Mary. He spent thirteen years as a Marine Judge Advocate with assignments in Afghanistan and at the Pentagon. He prosecuted and defended criminal cases, was a criminal law professor focused on Fourth Amendment protections, and worked on policy matters at the Pentagon. Derek joined the Wharton Aldhizer & Weaver team when he retired from the Marine Corps in 2014 after 20 years of distinguished military service. When he is not working on OSHA inspection cases, Derek likes to play golf, trail run, spend time with his family, try to tire out his chocolate lab, and watch sports. Born and raised in Syracuse, New York, Derek still wonders why the Central New York delicacy known as “salt potatoes” has not become America’s favorite summer picnic food.

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