Ransom

MEMORANDUM *

Karl Ransom filed this diversity action claiming that he was wrongfully fired from *920 his construction job for reporting to a foreman and co-workers that a sudden emission of asbestos on the site created a dangerous condition. The district court granted summary judgment for the employer, HBE corporation, on the claims that are at issue in this appeal, holding that the Oregon common-law claim for wrongful-discharge was preempted by the remedies provided by the Oregon Safe Employment Act (“OSEA”), OR. REV. STAT. §§ 654.001-.295, .750-.780, .991, the state counterpart to the federal Occupational Safety and Health Act, 29 U.S.C. §§ 651-678 . The district court adopted the findings and recommendations of the magistrate judge.

The only issues before us involve Oregon state law. We affirm the district court’s grant of summary judgment on the wrongful-discharge claim because our decision is controlled by the Oregon Supreme Court’s decision in Walsh v. Consolidated Freightways, Inc., 278 Or. 347 , 563 P.2d 1205 (1977). We agree with Ransom that there are some inconsistencies with Walsh in subsequent Oregon cases dealing with claims of employment discrimination. See, e.g.,…