WISHA Litigation – Repeat Violations

On June 1, 2006, the Washington State Supreme Court issued a significant decision concerning WISHA’s burden of proof to cite for a “repeated” violation as well as an Employer’s ability to recover attorney fees in WISHA litigation. The case involved fall protection violations of Cobra Roofing Services, Inc (“Cobra”). A number of construction industry groups, including AGC and ABC, filed supplemental briefs in the case.

The issues were: (1) whether Cobra Roofing’s fall protection citation was properly classified as a “repeat” violation and, therefore enhanced penalties were appropriate? and (2) whether attorney’s fees under the Equal Access to Justice Act (EAJA) are available in proceedings before the Washington Board of Industrial Insurance Appeals, Superior Courts, the Court of Appeals and Supreme Court. Read more >>

OR-OSHA – Legislative Update

HB 2222 

• Signed by Governor June 18, 2007
• Amends ORS 654.176 and 654.182.
• Effective January 1, 2008

All public and private employers, regardless of size, must now have a safety committee or hold safety meetings. Employers of ten or fewer employees used to be exempt unless certain criteria were found by the Director of DCBS. Now, if an employer is agricultural, classified as “small”, or has mobile work sites, rules must be adopted to meet their special needs and providing for alternate forms of safety committees and meetings. “Small” no longer appears to be defined by statute and is left to rule-making. Read more >>