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Best Practices For E-mail Communications

As 2014 comes to a close, there is no better time to remind your workforce about the perils of e-mails.  In any litigation arising after workplace incidents or operational failures, many of the exhibits are often e-mails between workers or an e-mail from the worker to an outside third party.  The consequences can range from reputational harm to lost sales to public embarrassment to...

Some Evidence Of Knowledge Required To Survive Summary Judgment In Workers’ Comp Retaliation Claim (Ohio)

The Court of Appeals of Ohio, Eighth Appellate District, upheld a trial court’s dismissal of a workers’ compensation retaliation claim, finding that the plaintiff failed to present any evidence to support an inference that he was discharged for filing a workers’ compensation case.  The plaintiff, a maintenance technician, filed a workers’ compensation claim after being injured when he...

Removed Rail On Protective Cage Surrounding Gantry Leads To Trial Following Asphalt Plant Worker’s Injury

While attempting to fill a tanker truck with asphalt at a West Virginia asphalt plant, a worker fell and incurred serious injuries.  The worker sued the plant owner for negligence including in part because one of the bars on the protective cage surrounding the gantry used to fill the tanker had been removed after it had been installed.  The U.S. District Court for the Northern District...

Bypassing Pollution Control Devices Costly For Shipowner Following Coast Guard Sanctions

In 2010, the U.S. Coast Guard inspected a Norwegian-flagged oceangoing tank vessel while it was docked in Corpus Christi, Texas.  Based on inspections, witness statements, and evidence collected from the vessel, the U.S. Coast Guard concluded that the ship’s pollution control devices were inoperable or had been disarmed and that the ship failed to comply with her own Safety...

Modernizing Process Safety Management Regulations Identified As Key Safety Improvement By CSB

Yesterday, the U.S. Chemical Safety Board (“CSB”) identified modernizing U.S. Process Safety Management Regulations as its second “Most Wanted Safety Improvement.”  (The CSB identified the adoption of a combustible dust standard for general industry as its Most Wanted Safety Improvement in 2013).  According to the CSB, many of the recommendations it has made over the last two decades...

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