Corporate liability related to workplace safety and health obligations at mines
- Smith, Hennan & Althen, Washington, DC (United States)
When we consider the topic of corporate liability with respect to safety and health obligations at mines, we have before us three distinct types of potential liability. First, there is governrnental enforcement liability, with potential consequences of mine closure orders, civil penalties and criminal fines. Second, there is workers` compensation hability with attendant requirements to insure compensation of miners for job related injuries and illnesses. Third, there is monetary civil liability that my arise when third parties, and sometimes even employees, are injured or made ill by conditions at a mine. This paper briefly reviews the nature of each of the potential types of liability and then considers how they interact. Moreover, it considers particularly the implications of independent contractors being on mine property as third parties since, by their presence, they are persons who are potentially exposed to injury. Perhaps, more significantly, they are persons who may cause an unsafe condition, a violation of law, or a workplace injury. Under present law, a corporation that is deemed an operator of a mine may be held vicariously liable for violations or injuries caused by contractors while on mine property. Thus, this paper also suggests precautions for operators who engage independent contractors for work on mine property.
- OSTI ID:
- 269100
- Report Number(s):
- CONF-9508117--
- Country of Publication:
- United States
- Language:
- English
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