Occupational Safety & Health Reporter℠

DOL Seeks Eighth Cir. OK to Inspect Red Lake Nation Workplaces

Nov. 6, 2019, 1:03 PM

The Labor Department has asked the Eighth Circuit to overturn a judge’s decision that federal safety regulators don’t have the right to inspect a workplace on American Indian reservations and that a tribe can keep nonmembers off a reservation.

An administrative law judge in August said the Occupational Safety and Health Act doesn’t give the Labor Department the authority to regulate the conditions of workplace health and safety at the Red Lake Nation, “or to enter the tribe’s reservation to inspect the Respondent’s workplace,” according to the decision. Depending on how the U.S. Court of Appeals for the Eighth...

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