Category: Oregon

August 27, 2020

OR-OSHA Seeks to Eliminate “Rogue Supervisor” Defense… Again

Issue:  Déjà vu – all over again.  In 2012 OR-OSHA informed the regulated community that it intended to develop an administrative rule to limit the application of the “Rogue Supervisor” defense endorsed by the Court of Appeals in the CC&L decision.  As a result of…

March 20, 2015

OSHA Offers Good-Faith Employers Leeway On June 1 Hazcom Deadline

OSHA is offering some enforcement leeway for companies that show good-faith efforts to meet an upcoming June 1 deadline for updating safety data sheets (SDS) and labeling mixtures of chemicals with known hazards under a 2012 worker right-to-know standard, though some in industry believe the…

March 17, 2015

Senate Republicans Call On Obama To Demand Immediate Resignation Of CSB Chair

Two key Senate Republicans on safety and environmental issues are demanding President Obama immediately call for the resignation of Rafael Moure-Eraso, the chair of the U.S. Chemical Safety Board (CSB) who has been roiled with controversy on Capitol Hill and in interactions with the agency’s inspector general (IG) over allegations of mismanagement, power abuse and whistleblower retaliation.

September 17, 2013

Oregon Workers Compensation Board rules Claimant required to cooperate with employer/insurers reasonable investigation. Claimant’s attorney sanctioned.

In The Matter of the Compensation of Tracey Sklenar, WCB #12-00548.  On October 3, 2011, Claimant filed an occupational disease claim for work-related stress allegedly stemming from her job. On October 11, 2011, Claimant and her attorney were notified that as part of the investigation…

October 24, 2012

OR-OSHA SEEKS TO UNDO “ROGUE SUPERVISOR” CASELAW

Issue: On November 7, 2012, OR-OSHA will convene what it hopes will be the one and only discussion with employers concerning its intent to promulgate a brand new “employer knowledge” rule in Oregon. As reflected below, it can be reasonably inferred that the purpose of…

December 21, 2011

Opposition to OROSHA Penalty Increase Rules Grows

The Oregon Self Insurers Association files opposition to OROSHA’s proposed rule changes.   OSIA’s membership includes certified self-insurers/employers, large-deductible insurereds /employers, and persons, firms, and organizations associated with its members. by Cummins, Goodman, Denley & Vickers, P.C.

September 28, 2011

OR-OSHA v. Moore Excavation

WCB # 08-00169SH (7/28/11) – OR-OSHA cited employer for failure to tag and remove a damaged ladder from the worksite. At hearing, OR-OSHA argued that the “employee exposure” element of its burden of proof was satisfied with evidence that the ladder “could possibly” be used….

September 28, 2011

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…