- Oct 22, 2009
- Reaction score
Yes OSHA issues are often initially investigated by state agencies at time. The same for other employment claims. Here, EEOC claims (which are federal in nature) some are first investigated by the state agency, and some by the feds. It is simply more efficient. I had a client that filed an EEOC claim that was handled by the federal route. It took almost two years before admitting they didn't have time to look at it and just issued her her right to sue letter. At the State level, they claims can reach and initial determination within just a couple months.OSHA. Federal or State Agency?
Not sure if it's "Better Late Than Never" but pulled this explanation out from a draft folder I started, way back, when NM st. agency was investigating the Rust shooting, considering fines, etc. Conceivably relevant in upcoming crim proceedings, IDK.
Atty Hannah, speaking on behalf of the Rush Prod. Co., iirc, referred to OSHA instead of OSHB. I believe he misspoke.
OSHA (Admin) = fed agency part of US Dept of Labor cabinet.
OSHB = NM's state Occupational Safety & Health Bureau, part of NM's Environment Dept, cabinet level dept.
Okay. Got ^ it? So how did NM state OSHB enter fed. OSHA's sphere --- investigating Rust Prod. Co. set in NM; issuing citations; assessing penalties for workplace violations?
- Oversimplified: Fed . agency delegates work to some st's, pays them $ to operate program.
- Briefly: Fed. OSHA law authorizes state OSHA agency to operate workplace safety & health programs; to conduct workplace inspections & investigations; to issue citations; to assess penalties against employers. The state's programs must be at least as effective as fed. program. Fed pays up to 50% of st. program.
- Not so briefly: See * below
Fun fact of the day:
"According to a report by AFL–CIO, it would take OSHA 129 years to inspect all workplaces under its jurisdiction."**
* The fed. agency.
"The OSHA Act covers most private sector employers in all 50 states... —either directly through federal OSHA or through an OSHA-approved state plan.
State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. Federal OSHA approves and monitors all state plans and provides as much as fifty percent of the funding for each program. State-run safety and health programs are required to be at least as effective as the federal OSHA program.
The following 22 states... have OSHA-approved state programs: ...New Mexico..."
(from a 2011 pub., not vouching for current accuracy)
OSHA violations CAN be raised in a later criminal trial if relevant. But I am not entirely clear what the Prosecution's theory here is so I don't know if they could be mentioned in either case yet.