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Examination of workplace deaths in India



Referring to the sovereignty of the Indian reservations, the eighth U.S. District Court on Friday denied an examination of the Occupational Safety and Health Review Commission's dismissal of safety fines issued to a fishing company whose employees drowned in a boating accident. [19659002]

A capsized fishing boat owned by Red Lake Nation Fisheries Inc., operating under the Red Lake Indian Reservation in Minnesota and whose employees are members of the Red Lake Band of Chippewa Indians, killed two employees in 2017, who described in documents in Eugene Scalia v. Red Lake Nation Fisheries Inc., filed in St. Louis. Louis.

Inspectors at the US Occupational Safety and Health Administration then entered the reservation and issued the fishery two quotes for failure to require the use of personal flotation devices and failure to report an employee's death within eight hours and proposed a total penalty of $ 1

5,521.

The fishery successfully questioned the quotations and the workers' secretary Eugene Scalia then lodged a complaint with the Commission of Inquiry, which the fisheries moved to dismiss. In 2019, a judge in the Administrative Court granted that proposal with reference to the sovereignty of Indian reservations. On further appeal, the workers' secretary claimed that the judge "did something wrong because the Work Environment Act applies to tribal companies unless Congress says otherwise."

The Board of Appeal agreed and denied the request for review, writing that "Red Lake [is] is perhaps the most isolated and non-integrated reservation in the United States; it has also preserved for the band an independence not experienced by other reservations," adding that "(e) even if OSHA was applied to Indian activities in other circumstances, OSHA does not apply to a company owned and operated solely by members of perhaps the most isolated and independent sovereign tribe."

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