Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy
Posted on Mar 27, 2014 in Litigation, OSHA | Comments Off on Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy
The Tenth Circuit upheld summary judgment in favor of an oilfield services company on a former senior engineer’s Colorado common law claims that he had been terminated for repeatedly reporting safety concerns related to confined space entries. The common law claims were not available given OSHA’s exclusive jurisdiction over retaliatory discharges against employees for reporting safety...
Georgia Warehouse Owner Owed No Legal Duty To Provide Fall Protection to Employees of Trucking Company When at Warehouse
Posted on Mar 27, 2014 in Litigation, OSHA | Comments Off on Georgia Warehouse Owner Owed No Legal Duty To Provide Fall Protection to Employees of Trucking Company When at Warehouse
The Court of Appeals of Georgia affirmed summary judgment in favor of a warehouse owner where a trucking company employee fell off a loaded truck at the warehouse facility. The worker argued that OSHA required the facility owner to provide fall protection to prove the facility owner had a legal duty to the worker for purposes of a negligence analysis. The court, however, agreed with...
Does a Texas Employer’s Duty To Maintain a Safe Workplace Extend to Employees Who Are Fully Aware of a Premises Defect? Fifth Circuit Asks Texas Supreme Court To Decide
Posted on Mar 21, 2014 in Litigation | Comments Off on Does a Texas Employer’s Duty To Maintain a Safe Workplace Extend to Employees Who Are Fully Aware of a Premises Defect? Fifth Circuit Asks Texas Supreme Court To Decide
Following a workplace incident in which a janitor hired to clean up a spill fell and sustained injuries, the worker brought suit against his employer in tort. Unlike most states, Texas employers can opt out of the state’s workers’ compensation program, which the employer in this case had done. Texas law, however, makes certain defenses such as contributory negligence and assumption...
Custom Packaging Manufacturer Justified in Terminating Worker on Belief Worker Violated Company’s Safety Absolutes Policy
Posted on Mar 19, 2014 in Litigation | Comments Off on Custom Packaging Manufacturer Justified in Terminating Worker on Belief Worker Violated Company’s Safety Absolutes Policy
During the process of manufacturing custom address labels, a North Carolina worker’s fingers were pulled in between a sheeting machine’s rollers when she placed her hand on the paper to see how much tension existed. She sustained bruises to her hand that required her to go to the hospital. The company’s printing department manager immediately investigated, found no defects with the...
Federal District Court Upholds Indemnity Language Requiring General Contractor To Defend and Indemnify Railroad Company Even Where Railroad Company Is Allegedly Negligent
Posted on Mar 18, 2014 in Litigation, Transportation | Comments Off on Federal District Court Upholds Indemnity Language Requiring General Contractor To Defend and Indemnify Railroad Company Even Where Railroad Company Is Allegedly Negligent
The U.S. District Court for the Southern District of New York held that D.C. law required a general contractor to pay the defense costs of and indemnify a railroad company in a personal injury suit brought by one of the general contractor’s employees who was injured while working on a bridge owned by the railroad company. The railroad company had rejected the general contractor’s...
Parent Company’s Liability in Tort for Injury to Worker of Subsidiary Goes to Louisiana Jury
Posted on Mar 11, 2014 in Construction, Energy/Environmental, Litigation | Comments Off on Parent Company’s Liability in Tort for Injury to Worker of Subsidiary Goes to Louisiana Jury
The estate of a senior welder killed in the construction of a large winch in Houma, Louisiana brought suit for negligence against the parent company of the worker’s employer for “failing to adequately manage, supervise, and direct their subsidiary in the performance of its operations and/or implement corporate safety policies.” The U.S. District Court for the Eastern District of...
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