Powered Haulage Incidents A Critical Area Of Safety Emphasis
Posted on Nov 6, 2014 in Construction | Comments Off on Powered Haulage Incidents A Critical Area Of Safety Emphasis
Yesterday, the Mine Safety and Health Administration reported a recent fatality at a Wyoming surface mine involving a contractor truck driver with more than five years of truck driving experience. While operating a rock track involved in the removal of top soil, he accidentally drove off a highwall and fell approximately 240 feet. Last year alone, there were six fatalities in the...
Be Cognizant Of Close Coordination Between OSHA And The NLRB
Posted on Nov 5, 2014 in Litigation, OSHA, Workplace Safety | Comments Off on Be Cognizant Of Close Coordination Between OSHA And The NLRB
Following recent formal announcements that OSHA and the NLRB will be cooperating more in the future, be wary of an uptick in cross-agency investigations. Earlier this year, OSHA announced that it would refer any untimely whistleblower complaints to the NLRB. Specifically, a worker has only 30 days under the Occupational Safety and Health Act to file a complaint with OSHA alleging...
Evidence Of Prior Incidents/Injuries Not Impermissibly Admitted By California Trial Judge
Posted on Nov 4, 2014 in Process Safety, Product Liability | Comments Off on Evidence Of Prior Incidents/Injuries Not Impermissibly Admitted By California Trial Judge
The Court of Appeal of California (4th Division) affirmed a jury verdict in favor of two plaintiffs who, while not wearing any wetsuit bottoms or similar protective clothing, sustained permanent injuries when falling off the back of a three-passenger watercraft. A jury returned a verdict against the watercraft manufacturer, the owner of the personal watercraft, and the operator of the...
Oklahoma Federal Court Holds FRA Crossing Inventories Admissible In Finding Rail Crossing Public
Posted on Nov 2, 2014 in Investigations, Transportation | Comments Off on Oklahoma Federal Court Holds FRA Crossing Inventories Admissible In Finding Rail Crossing Public
In Oklahoma litigation arising from a fatality caused by a train striking a car as it passed through a railroad crossing, a key issue dictating the requisite duty of care became whether the crossing was whether the crossing was public or private. The parties disputed the admissibility of Federal Railroad Administration Crossing Inventories related to the particular crossing. The...
No Common Law Duty To Make Defibrillators Available To Invitees In California
Posted on Nov 2, 2014 in Uncategorized | Comments Off on No Common Law Duty To Make Defibrillators Available To Invitees In California
The Ninth Circuit recently certified a question to the California Supreme Court on whether the California common law duty of reasonable care owed to on-site business customers includes an obligation to obtain and make available on the premises an automated external defibrillator (AED) for use in medical emergencies. The case arose after a shopper experienced a sudden cardiac arrest...
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