Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Posted on Jul 29, 2014 in Construction, Litigation, OSHA | Comments Off on Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision becomes the final order of the Review Commission absent further discretionary action by...
Vessel Owner Did Not Breach “Turnover Duty” Where Injury-Causing Repairs Were Within General Scope Of Shipyard Inspection And Repair
Posted on Jul 23, 2014 in Litigation, OSHA, Workplace Safety | Comments Off on Vessel Owner Did Not Breach “Turnover Duty” Where Injury-Causing Repairs Were Within General Scope Of Shipyard Inspection And Repair
A harbor worker brought claims against a vessel owner under the Longshore and Harbor Workers Compensation Act (“LHWCA”) for injuries he sustained when one of the vessel’s hatch covers blew off during an air pressure test of airtight integrity. The vessel owner filed for summary judgment, arguing that the undisputed facts showed that the vessel owner did not breach any applicable duty,...
Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Posted on Jul 15, 2014 in Energy/Environmental, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their representatives, survivors, and spouses. The court considered whether punitive damages are...
Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
Posted on Jul 14, 2014 in Energy/Environmental, Litigation, OSHA | Comments Off on Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
The Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of an oil refinery on a worker’s intentional tort claim arising from a workplace injury. The worker was a coker process operator and was injured while removing the head of a coke drum, a process that OSHA previously highlighted as carrying particular dangers when drums are removed and “hot spots”...
Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
Posted on Jul 13, 2014 in Energy/Environmental, Litigation, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
In January 2005, a barge exploded in the Chicago Sanitary and Ship Canal. The explosion killed an employee of the barge owner and spilled 4,718 gallons of oil into the canal. The insurers of the barge owner paid more than $8.6 million in costs associated with the removal effort and then sought to recover the costs from the Oil Pollution Act’s Oil Spill Liability Trust Fund through...
Safety Violation Upheld By Kentucky Court Where Injured Electrical Worker Not Wearing PPE And Tensioner Truck Not Grounded
Posted on Jul 12, 2014 in Construction, OSHA | Comments Off on Safety Violation Upheld By Kentucky Court Where Injured Electrical Worker Not Wearing PPE And Tensioner Truck Not Grounded
The reconductoring process involves stringing new power lines alongside existing energized lines to avoid a power disruption. During this process at a site in Meade County, Kentucky in 2009, while a worker was turning the winch on a tensioner mounted in a truck to increase the tension in a power line, the worker, who was not wearing any insulating personal protective equipment (PPE),...
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