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Citations Vacated for Coal Mine Operator in Dozer Incident Involving Gas Pipeline

The Federal Mine Safety and Health Review Commission affirmed an ALJ ruling to vacate proposed penalties for a large surface coal mine operator stemming from an explosion in which the operator of a bulldozer ruptured a gas line and was killed in West Virginia in January 2006.  The proposed penalties were assessed for failing to adequately comply with the requirement of 30 C.F.R. §...

OSHA Increasing Scrutiny of Communication Tower Industry Following Uptick of Cell Tower Worker Fatalities

Following an uptick in worker injuries involved in the construction and maintenance of cell towers across the country, OSHA is taking steps to increase scrutiny of the communication tower industry.  In 2013, OSHA reported that thirteen worker fatalities occurred in this industry.  That trend has continued in 2014, as four additional worker fatalities have been caused by the collapse of...

Ohio District Judge Dismisses All Claims Except Negligence Claims in Alleged Widespread Toxic Waste Disposal Suit

The U.S. District Court for the Northern District of Ohio dismissed wrongful death, personal injury, and property damage claims brought by a group of 58 Sandusky County, Ohio residents against a manufacturing company related to its disposal of toxic waste.  The plaintiffs had alleged that the company used a type of paint in its manufacturing processes that when combusted, produced...

Having a Plan For Preservation of Evidence in Workplace Incidents Critical To Avoid Unnecessary Exposure

While constructing some scaffolding at a power plant, a piece of scaffolding fell, struck, and injured a contractor’s employee.  The supervisor on the job, also a contractor employee, took the piece of scaffolding to the power plant owner’s on-site safety director, who stored the piece of scaffolding in his office.  The following year, that safety director relocated to another plant,...

OSHA Proposed Rule Would Extend Compliance Date for Crane Operator Certification Requirement by Three Years to November 2017

OSHA issued the long-awaited proposed rule that would extend the compliance date for crane operator certification and also extend the existing phase-in requirement for employers to ensure that their crane operators are appropriately qualified to November 10, 2017.  Whether the actual certification is the only component of qualification that an employer would have to meet is being...

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