OSHA Assesses Railroad Company Significant Fine for Terminating Conductor After Reporting Workplace Injury
Posted on Apr 10, 2014 in OSHA, Transportation | Comments Off on OSHA Assesses Railroad Company Significant Fine for Terminating Conductor After Reporting Workplace Injury
OSHA has ordered a railroad company to pay more than $352,000 in damages including $75,000 in punitive damages for terminating a conductor following the reporting of a workplace incident that occurred in Manitowoc, Wisconsin in violation of the Federal Railroad Safety Act. The conductor was within his 60-day probationary period when the injury occurred. The conductor reported the...
Contractual Liability Limitation Upheld in Suit Brought Against Escalator Maintenance Company Following Malfunction After NHL Game
Posted on Apr 10, 2014 in Litigation, Product Liability | Comments Off on Contractual Liability Limitation Upheld in Suit Brought Against Escalator Maintenance Company Following Malfunction After NHL Game
In 2009, following a St. Louis Blues hockey game, an escalator malfunctioned by running out of control and crashing, causing injuries to multiple sports fans and damage to the escalator. Among the lawsuits that followed, the arena owner sued the company that performed maintenance on the escalator two months before the incident. The maintenance company filed a motion to dismiss certain...
FRA Proposed Rule Will Require Two-Person Crews on Crude Oil Trains
Posted on Apr 9, 2014 in Energy/Environmental, Transportation | Comments Off on FRA Proposed Rule Will Require Two-Person Crews on Crude Oil Trains
The U.S. Department of Transportation’s Federal Railroad Administration (FRA) announced Wednesday that it will issue a proposed rule requiring two-person crews on crude oil trains. The FRA moved forward with the rulemaking after a Railroad Safety Advisory Committee (RSAC) Working Group created at DOT’s request in response to the Lac-Mégantic, Quebec derailment failed to reach...
GAO Report Finds Proposal To Lower Dust Exposure Limit in Mines Supported By Substantial Scientific Evidence
Posted on Apr 9, 2014 in Construction | Comments Off on GAO Report Finds Proposal To Lower Dust Exposure Limit in Mines Supported By Substantial Scientific Evidence
The U.S. Government Accountability Office issued a report earlier this week finding that a federal proposal to lower coal miners’ exposure to the dust that can cause black lung disease is supported by substantial scientific evidence. The GAO conducted the study at Congress’s request and its findings echo the conclusions of a report that GAO issued in 2012. The proposal seeks to lower...
Court Holds Federal Railroad Safety Act Does Not Affect Federal Venue Statute
Posted on Apr 8, 2014 in Litigation, Transportation | Comments Off on Court Holds Federal Railroad Safety Act Does Not Affect Federal Venue Statute
The U.S. District Court for the Eastern District of Pennsylvania held that the Federal Railroad Safety Act, which briefly discusses venue at § 49 U.S.C. 20109(d)(2)(A)(iii) and § 49 U.S.C. 20109(d)(3), “does not supplant the general venue guidelines set forth in 28 U.S.C. § 1391(b). The court rejected an argument that the Railroad Safety Act required venue to lie in only one...
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