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Department of Transportation Investigating Shippers of Crude Oil by Truck For Sampling and Testing Programs

In the last few months, the U.S. Department of Transportation (“DOT”) has initiated an enforcement investigation into whether commodity traders who contract to ship crude oil by truck maintain a written sampling and testing program for these activities.  The requirement to maintain a sampling and testing program was implemented in a DOT final rule issued in May 2015, which also set out...

OSHA Requiring Engineering Controls To Minimize Workers’ Silica Dust Exposure

The Occupational Safety and Health Administration (OSHA) issued a final rule targeting silica dust exposure.  The rule reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.  The rule also requires employers to use engineering controls to limit worker exposure, provide respirators when...

Drilling Site Owner Has No Responsibility for Subcontractor’s Worker’s Injuries

The owner of a natural gas drilling site (Company A) won summary judgment against a plaintiff suing for severe injuries incurred after being exposed to significant amounts of dust when a dump truck operated by Company B (a contractor of Company A) allegedly unloaded a large amount of cement too quickly.  The U.S. District Court for the Middle District of Pennsylvania concluded...

More Lawsuits Likely After $4.2 Million Verdict in Fracking Case

A Pennsylvania jury awarded a $4.2 million verdict to two families against an oil and gas company for the alleged contamination of their well water caused by fracking operations.  The verdict is likely to spur plaintiffs’ attorneys to file additional suits alleging injuries caused by fracking operations around the country.  Most of the plaintiffs’ claims in the Pennsylvania...

Counsel for Estate of Worker Killed in Plane Crash Sanctioned for Pursuing Court Action Against Employer

Following a tropical storm, two employees of a solar power plant flew over the sight in one of the employee’s single-engine aircraft to survey the damage from the storm.  The plane crashed and one of the workers died.  That worker’s Estate brought claims of negligence, negligent hiring, wrongful death under a theory of negligence, and wrongful death under a theory of...