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Federal District Court Upholds Indemnity Language Requiring General Contractor To Defend and Indemnify Railroad Company Even Where Railroad Company Is Allegedly Negligent

The U.S. District Court for the Southern District of New York held that D.C. law required a general contractor to pay the defense costs of and indemnify a railroad company in a personal injury suit brought by one of the general contractor’s employees who was injured while working on a bridge owned by the railroad company.  The railroad company had rejected the general contractor’s...

Claims Against Pesticide Company To Proceed To Trial for Allegedly Causing Explosion in North Carolina Peanut Plant

The U.S. District Court for the Eastern District of North Carolina denied summary judgment to a company accused of improperly applying the pesticide Fumitoxin when fumigating a peanut storage dome.  The bulk of the case that alleges $20 million in damages as the result of an explosion several days after the application of the pesticide will proceed to trial.

California Legislature Calls For Investigation Of Workplace Safety in Airports

On Friday, California legislators held a press conference calling for committee hearings to assess worker safety at California airports.  The death of a baggage handler at Los Angeles International Airport triggered the announcement.  Although Cal/OSHA is investigating the death, legislators asked for hearings to ascertain whether this incident is part of a systemic and widespread...

FAA Seeks Comment on Proposed Rule Requiring Drug and Alcohol Testing of Workers Outside United States

The FAA released an Advance Notice of Proposed Rulemaking seeking comments on a rule that would require drug and alcohol testing of maintenance workers who maintain aircraft operated by U.S. air carriers in facilities located outside of the United States.  The rule would apply to FAA-certified foreign repair stations and certain maintenance providers who perform safety-sensitive work...

OSHA Provides Guidance on Recordkeeping Requirements for Temporary Workers

OSHA has released an educational bulletin providing guidance on the requirements for recording injuries of temporary workers.  Requirements for both the staffing agency and the host employer are outlined.  OSHA regulations require that the OSHA 300 log include not only recordable injuries and illnesses to “all employees on your payroll” but also all recordable injuries and illnesses...

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