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Brian P. LundgrenBlog Posts

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Oregon OSHA Moves Forward with COVID-19 Temporary Standard

As circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”), known as the General Duty Clause, and current standards to address workplace exposures to COVID-19. Rather than engage in rulemaking, OSHA has...… Continue Reading
October 7, 2020

House Members Promoting Legislation to Compel MSHA to Issue Emergency Temporary Standard for Pandemic Safety

The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19 because MSHA’s existing health and safety standards allow MSHA to require mine operators to take action to abate COVID-19 health hazards in...… Continue Reading
July 28, 2020

House Members Promoting Legislation to Compel MSHA to Issue Emergency Temporary Standard for Pandemic Safety

The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19 because MSHA’s existing health and safety standards allow MSHA to require mine operators to take action to abate COVID-19 health hazards in... Continue Reading…
July 28, 2020

Mine Safety and Health Administration tells Federal Court that it is Issuing Citations for COVID-19 Health and Safety Violations

As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon. The United States Court of Appeals for the D.C. Circuit recently rejected a union’s request for the Court to compel the U.S. Department of Labor’s... Continue Reading…
July 24, 2020