Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit
Posted on Nov 12, 2014 in Construction, Process Safety | Comments Off on Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit
Although most of our postings relate to company safety practices, the concept of process safety is equally critical for government agencies tasked with ensuring safety. New York City’s Comptroller reported on Friday that a recent audit of the New York City Department of Buildings (“DOB”) revealed that the agency has dramatically failed to implement the...
Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
Posted on Nov 11, 2014 in Construction, Investigations, Product Liability | Comments Off on Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
In April 2006, the braking system on a crane being used to hoist a ladle of molten iron at a steel mill in Indiana failed, which caused molten iron to spill and ignite an extensive fire. The mill owner sued the supplier of the braking system’s parts that fractured for breach of contract and breach of implied warranties. Notably, the parts supplier was not the parts...
Ebola Concerns Make Reviewing OSHA Bloodborne Pathogens Standard Worthwhile
Posted on Nov 10, 2014 in Energy/Environmental, OSHA | Comments Off on Ebola Concerns Make Reviewing OSHA Bloodborne Pathogens Standard Worthwhile
All employers should take proactive steps to ensure compliance with OSHA’s Bloodborne Pathogens standard (29 C.F.R. 1910.1030) given it covers exposure to the Ebola virus. The Ebola virus is among the subset of diseases to which this standard applies, as it is transmitted by blood or other potentially infectious materials. In most states that have state-regulated OSHA plans, a...
First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
Posted on Nov 9, 2014 in Construction, Litigation, Product Liability | Comments Off on First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
In a products liability case concerning standing based on a theory of enhanced risk of future injury, the First Circuit affirmed a district court’s dismissal of a plaintiff’s purported class action claiming that the corrugated stainless steel tubing installed to provide gas to his outdoor firepit was susceptible to causing fires if struck by lightning. Despite being a...
Missouri Federal Court Finds Excess Workers’ Comp Insurer May Have Fiduciary Duty To Insured
Posted on Nov 8, 2014 in Litigation | Comments Off on Missouri Federal Court Finds Excess Workers’ Comp Insurer May Have Fiduciary Duty To Insured
After a company settled a workers’ compensation claim for more than $300,000, the company made a claim on its workers’ compensation excess insurer for the amount above $300,000, which the excess insurer had agreed to indemnify the company for according to the terms of the policy. The excess insurer refused payment and the insured brought claims against the insurer under...
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