Be Cognizant Of Close Coordination Between OSHA And The NLRB
Posted on Nov 5, 2014 in Litigation, OSHA, Workplace Safety | Comments Off on Be Cognizant Of Close Coordination Between OSHA And The NLRB
Following recent formal announcements that OSHA and the NLRB will be cooperating more in the future, be wary of an uptick in cross-agency investigations. Earlier this year, OSHA announced that it would refer any untimely whistleblower complaints to the NLRB. Specifically, a worker has only 30 days under the Occupational Safety and Health Act to file a complaint with OSHA alleging...
Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim
Posted on Oct 29, 2014 in Investigations, Litigation, Transportation, Workplace Safety | Comments Off on Eighth Circuit Affirms Dismissal Of Brakeman’s Retaliatory FRSA Claim
In December 2009, a railroad brakeman with a long history of good work performance committed a serious safety violation for which he accepted responsibility and agreed to disciplinary measures including a year of probation. In September 2010, the railroad dismissed the brakeman following an investigation into a separate serious safety violation committed in June 2010. In March 2011,...
Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
Posted on Oct 25, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
The owner of an offshore dive support vessel (the “Contractor”) and the operator of a pipeline recommissioning project (the “Operator”) disputed responsibility for injuries incurred by a worker employed by a services contractor hired to handle Hydrogen Sulfide issues. The Contractor and Operator had a Master Services Contract containing reciprocal defense and indemnity provisions. ...
Employer May Not Impose Advance Notification Requirement On Employees Who Seek Medical Treatment After Workplace Injury In Illinois
Posted on Oct 9, 2014 in Litigation | Comments Off on Employer May Not Impose Advance Notification Requirement On Employees Who Seek Medical Treatment After Workplace Injury In Illinois
The U.S. District Court for the Northern District of Illinois concluded that under Illinois law, an employer may not impose an advance notification requirement on employees who seek medical treatment following a workplace injury. In the case, the company policy required an employee involved in a workplace injury to first attempt to report the injury to management before seeking...
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...
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