Employer is presumed to know specific state and federal statutes and regulations concerning workplace safety: CHANEY V. DAGS BRANCH COAL CO. (SC 1/24/2008)

CHANEY V. DAGS BRANCH COAL CO.
WORKERS COMP:  SAFETY VIOLATION
2007-SC-000093-WC.pdf
PUBLISHED: REVERSING AND REMANDING
OPINION OF THE COURT
DATE RENDERED: 01/24/2008

The workers’ compensation law provides a 30% increase in compensation if an accident is caused by an employer’s intentional failure to comply with a specific safety regulation. The Administrative Law Judge determined that the workers’ death resulted from a lack of warning devices, but that an intentional failure was not shown. The Supreme Court reversed, holding that an employer is presumed to know specific state and federal statutes and regulations concerning workplace safety, thus, its intent is inferred from the failure to comply. This does not apply to the general “safe work place” requirement of OSHA.

PETER NAAKE