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New “Employer Knowledge” OSHA Rule

New OSHA Proposal Should Get Your Attention
OSHA sets quick hearing date on November 7 and November 15 for new “Employer Knowledge” rule

OR-OSHA plans to convene a meeting with Oregon employers and business associations concerning its intent to promulgate a brand new “employer knowledge” rule in Oregon.

OSHA notified businesses and business associations on October 4 that it intended to adopt new “employer knowledge” rules due to an Oregon Court of Appeals ruling in OSHA v. CC&L Roofing Company. The court struck down OSHA’s position of evidence that a supervisor was involved in the commission of a violation and conclusively satisfied its burden of proving “employer knowledge” for purposes of determining an employers’ liability.

In other words, OSHA’s position was that an employer was “strictly liable” for the bad acts of all supervisors, including “rogue supervisors.”

There is widespread concern among employers that the purpose of the new rule will be to re-instate OSHA’s position to make employers strictly liable for the bad acts of supervisors. If you are concerned about a new “strict liability” standard in OSHA’s new “employer knowledge” rule, then you must show up at one of two meetings in the next two weeks.

OSHA “Employer Knowledge” Rule Discussion with Employers #1
Wednesday, November 7
9 am
Portland State Office Building, Conference Room 1-E
800 NE Oregon Street, Portland, OR

OSHA “Employer Knowledge” Rule Discussion with Employers #2
Thursday, November 15
1 pm
Labor & Industries Building, Room 260
350 Winter Street NE, Salem, OR

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