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Workplace Safety and Health Update - Week of July 6, 2015

  • July 8, 2015

We are pleased to bring you our Workplace Safety and Health Update. With experienced OSHA and MSHA attorneys located strategically throughout the nation, Jackson Lewis is uniquely positioned to serve all of an employer’s workplace safety and health needs.

Judge Orders MSHA to Disclose POV Facts, While Challenge to Rule Proceeds in Federal Court

Two Administrative Law Judges have severely criticized MSHA's lack of transparency and fairness and its delays in applying its Pattern of Violations (POV) Rule. The latest ruling, from ALJ Margaret Miller, results from a POV issued to Pocahontas Coal based on 42 violations. In November 2014, ALJ William Moran issued an Order dismissing pattern charges in a case related to Brody Mining.

Colorado Supreme Court: Medical Use of Marijuana Not ‘Lawful’

In a long-awaited decision, the Colorado Supreme Court unanimously upheld an employer’s termination of an employee who tested positive on a drug test due to his off-duty use of medical marijuana. Coats v. Dish Network, LLC, No. 13SC394 (June 15, 2015). Interpreting Colorado’s “lawful activities statute,” the Court held the term “lawful” refers only to activities that are lawful under both state and federal law. Since marijuana remains unlawful under federal law, although its medical use is allowed under state law, the Court refused to extend the protection of the statute to the employee.

©2015 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

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