Michigan Federal Court Grants Motion To Dismiss Tort Claims That Failed To Meet LHWCA Exclusivity Exceptions
Posted on Jul 6, 2014 in Litigation, OSHA | Comments Off on Michigan Federal Court Grants Motion To Dismiss Tort Claims That Failed To Meet LHWCA Exclusivity Exceptions
A millwright at a vessel-loading facility was injured when handling mooring cables. His amended complaint included two tort claims against his employer that allegedly fell within limited exceptions to the exclusivity of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). First, the millwright argued the employer was liable for a maritime tort action because it waived its...
ELEVENTH CIRCUIT UPHOLDS OSHA VIOLATIONS WHERE FALLING CLAY CRUSHED EMPLOYEE IN BORROW PIT
Posted on Jun 12, 2014 in Construction, OSHA | Comments Off on ELEVENTH CIRCUIT UPHOLDS OSHA VIOLATIONS WHERE FALLING CLAY CRUSHED EMPLOYEE IN BORROW PIT
The Eleventh Circuit denied a company’s petition for review of an OSHA general duty clause citation issued after falling clay crushed an employee working in a “borrow pit.” When OSHA issues a general duty clause citation, OSHA must establish four elements: 1) that a condition or activity in the employer’s workplace presented a hazard to employees; 2) that the cited employer or the...
Second Circuit Orders New Trial in Asbestos Removal Case
Posted on Jun 1, 2014 in Investigations, OSHA | Comments Off on Second Circuit Orders New Trial in Asbestos Removal Case
Asbestos removal can be a messy business. Federal statutes such as the Clean Air Act, Toxic Substances Control Act, and Occupational Safety and Health Act, as well as numerous state regulations, create a significant guidance regime that must be complied with to remove discovered asbestos. For example, OSHA regulations require employers to provide employees performing asbestos...
ALJ Affirms OSHA Assessment for Willful Penalties Against Construction Company
Posted on May 28, 2014 in Construction, OSHA | Comments Off on ALJ Affirms OSHA Assessment for Willful Penalties Against Construction Company
An Occupational Safety and Health Review Commission ALJ affirmed assessed penalties for willful safety violations on a Florida construction company. An OSHA inspector cited the company when an inspection revealed that employees were not tied-off when working at heights of 19.5 feet. At a contested hearing, an ALJ found that the company had insufficient internal safety enforcement,...
OSHA Issues Penalties to Fertilizer Blender Following Severe Injury to Worker
Posted on May 22, 2014 in Construction, OSHA | Comments Off on OSHA Issues Penalties to Fertilizer Blender Following Severe Injury to Worker
OSHA announced proposed penalties totaling $181,000 for 12 alleged violations including failing to properly guard machines and electrical equipment, and failing to implement lockout procedures for hazardous energy control following its investigation into an incident in which a worker’s leg became entangled in an auger in November 2013. The move serves as a reminder to ensure that any...
Railroad Ordered To Reinstate and Pay Worker $244,000 After Alleged Termination for Failure To Perform Required Inspection Because of Hazardous Safety Conditions
Posted on May 16, 2014 in OSHA, Product Liability, Transportation | Comments Off on Railroad Ordered To Reinstate and Pay Worker $244,000 After Alleged Termination for Failure To Perform Required Inspection Because of Hazardous Safety Conditions
Following an inspection, OSHA has ordered a railroad to reinstate a conductor and pay him more than $244,000 in back wages and damages following his termination for allegedly failing to perform an inspection of a passing train under hazardous safety conditions. The damage award includes $100,000 in punitive damages in addition to reasonable attorneys’ fees. The conductor allegedly...
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