A business owned and operated by the Menominee Nation of Wisconsin must comply with the Occupational Safety and Health Act (OSHA), the 7th Circuit Court of Appeals ruled on Wednesday.
The tribe operates a sawmill on the reservation. The Department of Labor cited the business for alleged violations of OSHA.
The tribe contended that the business is exempt from OSHA. The law doesn't mention tribes but it contains exemptions for local, state and federal governments.
However, the 7th Circuit noted that "[s]tatutes of general applicability
that do not mention Indians are nevertheless usually held to apply to them."
The court said subjecting the sawmill to OSHA would not interfere with tribal governance and would not violate a treaty or statute.
Turtle Talk has posted documents from the case, Menominee Tribal Enterprises v. Solis.
7th Circuit Decision:
Menominee Tribal Enterprises v. Solis
(March 24, 2010)
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