Eighth Circuit Rejects OSHA Interpretation Of Barrier Guard Standard
Posted on Oct 14, 2015 in Construction, OSHA | Comments Off on Eighth Circuit Rejects OSHA Interpretation Of Barrier Guard Standard
The Secretary of Labor (through OSHA) determined that an industrial manufacturer of air circulating equipment violated 29 C.F.R. 1910.212(a)(1), which requires barrier guards on certain industrial equipment, and fined the company $490,000. An ALJ rejected the Secretary’s interpretation of the standard and vacated the fine, the Occupational Safety and Health Review Commission...
New Railroad Track Inspection Standards Forthcoming After West Virginia Derailment Findings Released
Posted on Oct 10, 2015 in Process Safety, Transportation | Comments Off on New Railroad Track Inspection Standards Forthcoming After West Virginia Derailment Findings Released
The Federal Railroad Administration announced yesterday new upcoming rail-track standards in connection with reporting its detailed findings of the crude train derailment earlier this year in West Virginia. The agency announced it will release a Safety Advisory, which urges closer and more detailed inspections where defects and flaws are suspected, and stronger training for rail...
Sixth Circuit Stays Implementation Of EPA’s “Clean Water Rule”
Posted on Oct 9, 2015 in Energy/Environmental, Litigation | Comments Off on Sixth Circuit Stays Implementation Of EPA’s “Clean Water Rule”
Earlier today, the Sixth Circuit stayed the implementation of the EPA’s “Clean Water rule,” which purported “through increased use of bright-line boundaries” to make “the process of identifying waters protected by the Clean Water Act easier to understand, more predictable and consistent with the law and peer reviewed science, while protecting the...
Court Declines To Certify Damages Class In West Virginia Water Contamination Case
Posted on Oct 9, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on Court Declines To Certify Damages Class In West Virginia Water Contamination Case
In the litigation following the interruption of the Charleston, West Virginia water supply caused by a leaking chemical storage tank in January 2014, the U.S. District Court for the Southern District of West Virginia ruled yesterday that the plaintiffs could certify a class for determining liability, but refused to certify a class for purposes of establishing damages. The plaintiffs...
PHMSA Proposes New Pipeline Safety Regulations
Posted on Oct 6, 2015 in Energy/Environmental, Investigations, Process Safety | Comments Off on PHMSA Proposes New Pipeline Safety Regulations
The U.S. Department of Transportation’s Pipeline and Hazardous Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting requirements on October 1, 2015. The deadline to submit comments on the proposed rulemaking is January 8, 2016. PHMSA estimates that compliance with the proposed rule will cost the industry...
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