D.C. Circuit Upholds OSHA Citations For Lockout/Tagout Procedure Violations
Posted on Aug 23, 2014 in OSHA | Comments Off on D.C. Circuit Upholds OSHA Citations For Lockout/Tagout Procedure Violations
After a service mechanic working for an elevator company injured his hand while unjamming a gate of a freight elevator at a customer’s facility, OSHA issued citations to the elevator company including for violating the safety standards relating to the control of hazardous energy. Following administrative challenges, the elevator company appealed to the D.C. Circuit, which denied the...
Eleventh Circuit Holds Civil Penalties Can Be Issued Against Agents Of LLCs Under The Mine Act
Posted on Aug 22, 2014 in Construction | Comments Off on Eleventh Circuit Holds Civil Penalties Can Be Issued Against Agents Of LLCs Under The Mine Act
The Mine Safety and Health Administration issued citations to an Alabama underground coal mine owned by an LLC for failing to abide by the requirement that a certified person walk through the mine’s ventilation system every seven days and take measurements at specific locations to ensure that the system is working properly. See 30 C.F.R. § 75.364(a)(2)(iii). Several months later,...
Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
Posted on Aug 21, 2014 in Construction, Litigation | Comments Off on Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
The Mine Safety and Health Administration and the Secretary for the U.S. Department of Labor issued a final rule in January 2013 comprising a new pattern of violation regulation. Under the Mine Act, the Secretary can “make such rules as he deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exist.” After the...
Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Posted on Aug 21, 2014 in Construction, Product Liability | Comments Off on Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Applying the Mississippi Products Liability Act, the Fifth Circuit affirmed a verdict in favor of plaintiffs against the manufacturer and installer of a residential cargo elevator on defective design and failure to warn claims. Following a three-day bench trial, the district court found that the output shaft of the elevator’s gear sheared from metal fatigue caused by the misalignment...
Ninth Circuit Finds Environmental Organizations Have No Cause Of Action Against Rail yard Owners Under Resource Conservation And Recovery Act
Posted on Aug 20, 2014 in Energy/Environmental, Transportation | Comments Off on Ninth Circuit Finds Environmental Organizations Have No Cause Of Action Against Rail yard Owners Under Resource Conservation And Recovery Act
Last week, the Ninth Circuit affirmed a district court’s dismissal of an action filed by environmental organizations under the Resource Conservation and Recovery Act (RCRA) against certain rail yard owners, finding that the plaintiffs failed to state a claim because diesel emissions do not constitute “disposal of solid waste” under the RCRA. Plaintiffs sued the rail yard owners under...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>