In my last column I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c)...more
Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards. Crystalline silica is a...more
Just a few short months ago, we would have thought that COVID-19 was almost behind us and that it was only a matter of time before mine operators would no longer have to worry about the spread of the disease at their...more
With very limited exceptions, Oregon employers must adopt the following safety protocols:
Physical Distancing. Employers must ensure that their workplaces allow at least six feet of distance between employees, unless such...more
Oregon OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and...more
Oregon OSHA proposed its “DRAFT Temporary Rule Addressing COVID-19” on August 17. The timeline for commenting on the proposed temporary rule is only two weeks. Oregon OSHA has indicated that it will accept public comments...more
On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more
Employers should remain on alert regarding the increasing trend towards more aggressive enforcement of worker safety standards demonstrated over the past year by the U.S. Occupational Safety and Health Administration (“OSHA”)...more