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Full-Text Articles in Law

The Limits Of Voice: Are Workers Afraid To Express Their Health And Safety Rights?, Wayne Lewchuk Apr 2013

The Limits Of Voice: Are Workers Afraid To Express Their Health And Safety Rights?, Wayne Lewchuk

Osgoode Hall Law Journal

This article reconsiders the shift in Canada from an exclusively government-regulated occupational health and safety system to the Internal Responsibility System (IRS). The IRS gives workers rights, or “voice,” to manage, know about, and refuse unsafe working conditions. I present new evidence that worker voice and the IRS have weakened with the decline of unions and the rise of precarious employment. Survey data are analyzed from Ontario workers who rated the likelihood that raising a health and safety concern with their current employer would negatively affect their future employment. My analysis models how workers’ sex, race, unionization, sector, and degree …


Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox Jan 2012

Drug Testing Of Medical Marijuana Users In The Workplace: An Inaccurate Test Of Impairment, Stacy A. Hickox

Hofstra Labor & Employment Law Journal

No abstract provided.


Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart Sep 2008

Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart

West Virginia Law Review

No abstract provided.


The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore Sep 2004

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore

West Virginia Law Review

No abstract provided.


Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison Dec 1998

Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison

West Virginia Law Review

No abstract provided.


The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing Jun 1996

The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing

West Virginia Law Review

No abstract provided.


The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann Jun 1996

The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann

West Virginia Law Review

No abstract provided.


The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer Jun 1996

The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.


Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr. Apr 1994

Walkaround Rights For Miners' Representative Under Msha: A Compatible Statutory Scheme, Robert H. Stropp Jr.

West Virginia Law Review

No abstract provided.


Mine Safety And Health: A Formula For Continued Success, J. Davitt Mcateer Apr 1994

Mine Safety And Health: A Formula For Continued Success, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.


Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise Apr 1993

Rights Of Mine Access For Miners' Representatives: Has A Walk Around The Mine Become A Run Around The Law, Rosemary M. Collyer, J. Michael Klise

West Virginia Law Review

No abstract provided.


Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino Jun 1992

Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino

West Virginia Law Review

No abstract provided.


Hazard Communication In The Workplace, Mark L. Goldstein Jan 1990

Hazard Communication In The Workplace, Mark L. Goldstein

Hofstra Labor & Employment Law Journal

No abstract provided.


The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni Apr 1989

The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni

West Virginia Law Review

No abstract provided.


Protective Exclusion In The Vdt Workplace, Why Alternatives Are Needed, Leslie Ann Berkoff Jan 1989

Protective Exclusion In The Vdt Workplace, Why Alternatives Are Needed, Leslie Ann Berkoff

Hofstra Labor & Employment Law Journal

No abstract provided.


Protected Work Refusals Under Section 105(C)(1) Of The Mine Safety And Health Act, Timothy M. Biddle, Thomas C. Means, Peter K. Levine Apr 1987

Protected Work Refusals Under Section 105(C)(1) Of The Mine Safety And Health Act, Timothy M. Biddle, Thomas C. Means, Peter K. Levine

West Virginia Law Review

No abstract provided.


United Mine Workers Of America V. Faerber: Full Roof Bolting Required In Auger Mines, Peggy L. Collins Apr 1987

United Mine Workers Of America V. Faerber: Full Roof Bolting Required In Auger Mines, Peggy L. Collins

West Virginia Law Review

No abstract provided.


Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell May 1983

Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell

West Virginia Law Review

No abstract provided.


Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin Aug 1982

Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin

West Virginia Law Review

No abstract provided.


Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan Aug 1982

Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan

West Virginia Law Review

No abstract provided.


Safety In The United Kingdom's Deep Coal Mines, John L. Collinson Jun 1981

Safety In The United Kingdom's Deep Coal Mines, John L. Collinson

West Virginia Law Review

No abstract provided.


Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff Jun 1981

Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff

West Virginia Law Review

No abstract provided.


Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek Apr 1981

Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek

West Virginia Law Review

Recently, a plethora of concern has surfaced regarding the large and rapidly increasing costs of government regulation and its impact upon the economy and the free market system. Much of this displeasure has focused on a seemingly ideal target-The Occupational Safety and Health Administration (OSHA). OSHA was established in 1970 amidst widespread optimism that it would greatly enhance the employee work environment. This hope, however, was premature; in fact, many commentators argue that, in the ten years since its creation, OSHA has done little to further its objective of improving safety and health in the workplace, despite the large compliance …