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Remember, New OSHA Reporting Requirements Go Into Effect January 1, 2015

As a reminder, OSHA’s final rule expanding employer notification requirements when a worker is killed on the job, or suffers a work related hospitalization, amputation, or loss of an eye goes into effect for employers in states covered by federal OSHA on January 1, 2015.  OSHA contends that this expanded data will assist its task of targeting compliance assistance.  There are two...

Expert Opinion Properly Discounted When In Conflict With Federal Regulation In Mining Case

The Sixth Circuit denied a mining company’s petition for review in a black lung benefits case, holding that the ALJ had properly discounted the company’s expert’s opinion where it conflicted with relevant federal law.  The court also found that the ALJ properly weighed pulmonary function tests.  The mining company had challenged the ALJ’s underlying decision on both grounds. In the...

BOEM Increases OPA Liability Limit To $133.65 Million

The Bureau of Ocean Energy Management issued a final rule yesterday that increases the limit of liability for damages caused by any Responsible Party for an offshore facility from which oil is discharged, or which poses a substantial threat of an oil discharge, as described in the Oil Pollution Act of 1990, from $75 million to $133.65 million.  The agency announced that the rule...

Insurer Has To Defend Claims Involving Alleged Defective CNG Fuel Filtration Equipment

Company A, a gas company, purchases compressed natural gas (“CNG”) fuel filtration equipment from Company B in August 2011.  According to Company A, the equipment failed to conform to its specifications and failed to remove the appropriate amount of oil from the CNG fuel.  Subsequently, Company A’s customers reported oil contamination and resultant loss of the use of...

Arkansas High Court Says Workers’ Comp Commission Must Decide Issues of Employer Status

Company A owns and operates a nuclear power plant, and hires Company B to provide civil engineers to lift and remove a generator from a turbine building and then to replace it with a newly refurbished generator.  During the work, an employee of Company B dies as a result of injuries from a steel beam falling on him.  His estate sued Company A in Arkansas state court.  Company A filed a...

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