Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
Posted on Sep 11, 2014 in Investigations, Litigation, OSHA, Transportation, Workplace Safety | Comments Off on Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
While working as a “train dispatcher,” the plaintiff was involved in an incident that almost resulted in the collision of two passenger trains. Several months later, the plaintiff filed a complaint with OSHA, the federal agency tasked with enforcing the whistleblower protections of the Federal Railroad Safety Act. His OSHA complaint alleged that the railroad instructed...
Mining Company That Adhered To CBA Entitled To Terminate Worker With Osteoporosis
Posted on Sep 10, 2014 in Construction, Litigation, Workplace Safety | Comments Off on Mining Company That Adhered To CBA Entitled To Terminate Worker With Osteoporosis
At a West Virginia coal mine, an inside bunker attendant responsible for monitoring an underground belt haulage system was injured as a result of a fall. She previously had been diagnosed with osteoporosis. Several months later, she informed the mining company that she was ready to return to work, but the company’s workers’ compensation administrator concluded that her...
Louisiana Federal Court Allows Most Claims Alleging Exposure To Radioactive Oilfield Waste Materials To Continue
Posted on Sep 7, 2014 in Energy/Environmental, Litigation, Product Liability | Comments Off on Louisiana Federal Court Allows Most Claims Alleging Exposure To Radioactive Oilfield Waste Materials To Continue
Following alleged occupational exposure to radioactive oilfield waste materials, a group of plaintiffs (including workers and their surviving spouses and children) sued a number of oil companies and their contractors alleging negligence, strict liability, intentional tort, and a claim for punitive damages. The U.S. District Court for the Eastern District of Louisiana allowed most of...
Subcontractor’s Insurer Owes Duty To Defend Contractor For Liability Suits Arising From Fatal Fireworks Explosion
Posted on Aug 28, 2014 in Energy/Environmental, Litigation | Comments Off on Subcontractor’s Insurer Owes Duty To Defend Contractor For Liability Suits Arising From Fatal Fireworks Explosion
Company A had a contract with the federal government to destroy seized fireworks and hired Company B to actually destroy them. While Company B was in the process of destroying the fireworks, an explosion occurred that killed five Company B employees. Multiple liability suits followed. Company A’s insurer has paid more than $1.5 million in defense of the liability suits and brought...
Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
Posted on Aug 21, 2014 in Construction, Litigation | Comments Off on Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
The Mine Safety and Health Administration and the Secretary for the U.S. Department of Labor issued a final rule in January 2013 comprising a new pattern of violation regulation. Under the Mine Act, the Secretary can “make such rules as he deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exist.” After the...
Wrongful Death Claim For Railroad Inspector’s Suicide Held Not Compensable Under FELA, But FRSA Retaliation Claim Allowed To Proceed
Posted on Aug 19, 2014 in Litigation, Transportation | Comments Off on Wrongful Death Claim For Railroad Inspector’s Suicide Held Not Compensable Under FELA, But FRSA Retaliation Claim Allowed To Proceed
In 2011, a railroad inspector was accused of trying to sabotage a train’s braking system. With a formal hearing scheduled a week later, the inspector reported to work, then returned to his car and shot and killed himself in the railroad employer’s parking lot. After pursuing administrative remedies, the inspector’s widow and estate brought suit alleging violations of the Federal...
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