MSHA Proposes $1.1 Million Fine Following Deaths Of Colorado Silver Miners
Posted on Oct 22, 2014 in Construction, Workplace Safety | Comments Off on MSHA Proposes $1.1 Million Fine Following Deaths Of Colorado Silver Miners
Earlier this week, the Mine Safety and Health Administration (MSHA) levied a fine of $1,077,800 yesterday after an investigation into the deaths of two Colorado silver miners in November 2013. According to the MSHA release, after approximately 1,600 pounds of deteriorated explosives were detonated underground in an open air blast, the company that owned the mine failed to inform the...
Injured Worker’s Claims Alleging Defective Conveyor System Barred By Michigan Statute Of Repose
Posted on Oct 22, 2014 in Construction, Product Liability | Comments Off on Injured Worker’s Claims Alleging Defective Conveyor System Barred By Michigan Statute Of Repose
A worker for a company in the business of designing and manufacturing corrugated box packaging was injured while off-loading a stack of corrugated material from one conveyor to another when allegedly being crushed by an automated transfer car. He brought suit against the transfer car manufacturer alleging that because of the absence of various safety precautions, the transfer car...
OSHA Issues Substantial Proposed Penalty Against Florida Construction Company
Posted on Oct 13, 2014 in Construction, OSHA | Comments Off on OSHA Issues Substantial Proposed Penalty Against Florida Construction Company
OSHA has proposed $355,300 in penalties against a Florida-based construction company based on inspections initiated through its Regional Emphasis Program on Falls in Construction. Included in the penalties were three willful safety violation allegations (each for a maximum penalty of $70,000) for failing to provide workers with fall protection systems. OSHA contends that the systems...
Partial Fall Through Interior Of Scaffold Not Enough For Liability Under New York Scaffold Law
Posted on Oct 7, 2014 in Construction | Comments Off on Partial Fall Through Interior Of Scaffold Not Enough For Liability Under New York Scaffold Law
While constructing railroad tunnel emergency ventilation facilities in Manhattan, a drill running foreman who worked for the project’s general contractor partially fell through a 14-inch by 16-inch hole while working on a scaffold. He brought suit against the project owner and the project owner’s safety monitor. The U.S. District Court for the Eastern District of New York granted...
Deliberate Intent Action For Miner’s Death Dismissed By West Virginia Federal Court
Posted on Oct 7, 2014 in Construction, Litigation | Comments Off on Deliberate Intent Action For Miner’s Death Dismissed By West Virginia Federal Court
In March 2009, a roof bolter for a West Virginia mining company was injured when a short shank metal wrench came out of a drill chuck and struck him in the head. After a CT scan that night showed no fracture, he returned to work the next day, but was found dead in his bed in December 2010. An autopsy revealed that he died of a seizure and that “in the setting of a traumatic seizure...
Welding Contractor’s Suit Against Construction Company For Negligently Building Platform Continues
Posted on Oct 6, 2014 in Construction, Litigation | Comments Off on Welding Contractor’s Suit Against Construction Company For Negligently Building Platform Continues
Following a welding contractor’s employee’s fall of more than twenty feet while working at a construction company’s site, the individual and the welding contractor (who was paying his workers’ compensation benefits) brought suit against the construction company alleging that it negligently constructed the platform from which the worker fell. Last week, the U.S. District Court for the...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>