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“Paymaster” May Not Be Considered Rig Worker’s Employer In Context Of Vicarious Liability For Negligence Under General Maritime Law

Confronted with an issue of first impression in the Fifth Circuit, the U.S. District Court for the Eastern District of Louisiana concluded that where a company serves only as a “paymaster,” that company cannot be considered a rig worker’s employer in the context of vicarious liability for negligence under general maritime law.  The court granted summary judgment to the company serving...

OSHA Sends Message With $2.3 Million Proposed Fine That Exposing Workers to Hazardous Substances Without Proper Training, Safeguards, and Precautions Is Not Acceptable

OSHA has proposed fines of more than $2.3 million for a New York real estate developer for exposing its workers and the workers of various contractors to asbestos and lead hazards during cleanup operations of a psychiatric center in preparation for a tour of the site by potential investors.  The work at issue included removing asbestos- and lead-contaminated debris, asbestos-containing...

FAA Proposes $325,000 Civil Penalty Against Chemical Company for Hazardous Materials Violations

The FAA recently proposed a $325,000 civil penalty against a chemical company for alleged violations of HAZMAT Regulations. The FAA alleges that the company shipped a hazardous material on two separate cargo flights. The material, Acrolein, can become explosive when combined with air and is classified as a toxic/poisonous material under federal law. Acrolein is prohibited from being...

District Courts Increasingly Reluctant To Grant Summary Judgment on Borrowed Servant Doctrine

Seven miles off the coast of Mobile, Alabama, a worker was injured when he fell from a pipe onto a natural gas platform while attempting to re-bolt a flange that was leaking flammable gas.  Following the incident, the worker filed for and received workers’ compensation benefits under the Longshoreman and Harbor Worker Compensation Act.  Employed by a services company, the worker...

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