Most Claims Against Manufacturer Of Chemical Leaked Into West Virginia Water Supply To Proceed
Posted on Jun 19, 2015 in Construction, Energy/Environmental, Product Liability | Comments Off on Most Claims Against Manufacturer Of Chemical Leaked Into West Virginia Water Supply To Proceed
The U.S. District Court for the Southern District of West Virginia determined earlier this month that the bulk of private plaintiffs’ claims against the manufacturer of the chemical that leaked into the Elk River and contaminated the Charleston-area water supply could continue. The plaintiffs generally contended that the chemical manufacturer failed to warn of the dangers...
Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
Posted on May 29, 2015 in Construction, Energy/Environmental, Litigation, OSHA | Comments Off on Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
An employee working on a production line of a plant that makes foam cushions used in car seats and head rests raised concerns about exposure to the chemical toluene diisocyanate (“TDI”). In May 2014, the employee was one of ten plant employees to provide management with a signed letter regarding TDI leaks at the plant and health concerns. The plant promptly hired an...
Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs
Posted on May 14, 2015 in Construction, Investigations | Comments Off on Unprepared 30(b)(6) Witness For Mining Company Leads To New Deposition But Not Costs
In response to a Rule 30(b)(6) deposition notice, a mining company designated one witness to testify on 10 topics, including the training and instruction of the company’s employees, citations or violations issued to the company by MSHA, engineering studies for the particular mine in question, and the operation of the particular mine. After the deposition, the plaintiff brought a...
Seventh Circuit Upholds Permit-Required Confined Space OSHA Violations
Posted on May 9, 2015 in Construction, OSHA | Comments Off on Seventh Circuit Upholds Permit-Required Confined Space OSHA Violations
At an Illinois manufacturing plant, a worker fell into a large bin used for storing sand and became trapped. At first buried up to his neck, some of his co-workers were able to remove the sand above his waist but not get him out of the pit or remove any additional sand. The plant manager arrived on the scene about 10-15 minutes later and determined that no emergency existed and left...
“Rule-Out” Rebuttal Standard Applies To Mine Operators Per Fourth Circuit
Posted on Apr 16, 2015 in Construction | Comments Off on “Rule-Out” Rebuttal Standard Applies To Mine Operators Per Fourth Circuit
The Fourth Circuit determined that the 2013 Department of Labor regulations setting forth an evidentiary standard required to rebut an underground coal miner’s presumption of pneumoconiosis apply to coal mine operators as well as the U.S. Secretary of Labor. Specifically, the court rejected an operator’s argument that the rebuttal standard enacted as part of the Patient...
Alleged Inconsistencies In Applying Lock-out/Tag-out Violations Open Up Company To Race Discrimination Case
Posted on Mar 27, 2015 in Construction, Litigation | Comments Off on Alleged Inconsistencies In Applying Lock-out/Tag-out Violations Open Up Company To Race Discrimination Case
An employee responsible for plant maintenance was terminated by a manufacturing company after the employee allegedly violated a “zero-tolerance” policy for failing to properly apply the company’s lock-out/tag-out procedures to the plant’s equipment. In the plant, each maintenance employee is issued an individual lock with the employee’s lock number and...
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