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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...

Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management

As the year winds down, there is no better time to make sure that your company is as prepared as possible for future litigation and crisis management.  Below is a quick checklist of 10 preventive maintenance steps you can take to maximize your preparedness.  When conducting any of these steps, be cognizant of protecting privilege.  Document the scope of reviews and clarify the purpose...

Texas Federal Court Finds Alabama, Not Louisiana Proper Adjacent State Of Offshore Platform In Indemnity Dispute

For work on a platform in the Gulf of Mexico, the operator of the platform and a contractor entered a master service contract in which each agreed to indemnify the other for the injuries of their own employees.  An employee of the operator was injured on the platform and the worker filed suit against the operator and the contractor in Louisiana federal court.  The contractor brought a...

Louisiana Federal Court Dismisses Punitive Damages Claims Against Pipeline Operator

Following a natural gas ignition in June 2013, a Louisiana plaintiff brought suit against the owner and operator of the natural gas transmission pipeline on claims that it had ruptured and exploded on her property, and had damaged her home and the surrounding area.  She filed a class action complaint against the pipeline operator claiming to also represent anyone affected within two...

BSEE Panel Investigation Cites Misunderstood Verbal Instructions And Failure To Account For Seemingly Routine Tasks

The Bureau of Safety and Environmental Enforcement (BSEE) issued its results of a panel investigation into an October 2013 fatality off the Louisiana coast last week.  The incident involved the death of a welder who fell into the Gulf when a 130-ton dry oil storage tank skid assembly became detached from a platform unexpectedly.  The worker was employed by an oilfield services...

Refinery Owners Win Summary Judgment On Police Officer’s Chemical Exposure Claims

A Texas police officer brought suit against the owners of multiple refineries claiming he was damaged as a result of chemical exposure during power failures at the refineries in April 2011.  Last week, the U.S. District Court for the Southern District of Texas granted summary judgment for the defendants on all of the plaintiff’s claims for the following reasons:  nuisance...

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