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OSHA Subpoena Upheld By U.S. District Court

Published by on June 7, 2011

The U.S. District Court for the Northern District of Illinois has ordered Haasbach LLC, owner of a grain elevator in Mount Carroll, Illinois, to turn over documents requested in a subpoena issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”).  More after the break. The subpoena was issued as part of […]

The U.S. District Court for the Northern District of Illinois has ordered Haasbach LLC, owner of a grain elevator in Mount Carroll, Illinois, to turn over documents requested in a subpoena issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”).  More after the break.

The subpoena was issued as part of OSHA’s investigation into the deaths of two teenage workers who were killed while working at the company’s grain elevator. The company was issued 25 citations and a $555,000 penalty by OSHA. OSHA also issued a subpoena to the company’s workers’ compensation insurance carrier for documents consisting of safety inspection reports, applications for insurance coverage, and correspondence between the insurer and the company. When the insurer refused to comply with the subpoena, OSHA brought suit in federal district court to enforce the subpoena. As the basis for its decision to uphold the subpoena, the district court stated that the documents “reasonably relate to the investigation of the incident and the question of OSHA jurisdiction.”

Since August 2010, OSHA’s Grain Safety Local Emphasis Program has conducted 61 site inspections and found 163 violations.

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