OSHA Targeting Exposure of Workers to Combustible Dust Hazards
Posted on May 16, 2014 in Construction, OSHA | Comments Off on OSHA Targeting Exposure of Workers to Combustible Dust Hazards
OSHA has issued proposed penalties of $254,000 to an Illinois-based pet food manufacturer after finding the company committed willful and repeat violations for exposing workers to combustible and respiratory dust hazards, which increased the likelihood of an explosion in the manufacturing plant. The plant allegedly had not installed a dust collection system with explosion protection...
Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
Posted on May 15, 2014 in OSHA, Product Liability, Workplace Safety | Comments Off on Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
According to the Eleventh Circuit, the Jones Act does not allow a seaman to recover for injuries caused by work-related stress because it is not a “physical peril” under the Act. This ruling vacated a $590,574.57 judgment in which a jury found that a chief mate and manager of a commercial vessel was entitled to compensation for physical injuries that he sustained as a result of...
U.S. Secretary of Labor’s Reasonable Interpretation of Safety Regulation Trumps Conflicting Interpretation of OSHA Review Commission
Posted on May 13, 2014 in Construction, OSHA | Comments Off on U.S. Secretary of Labor’s Reasonable Interpretation of Safety Regulation Trumps Conflicting Interpretation of OSHA Review Commission
Where the U.S. Secretary of Labor’s interpretation of a safety regulation conflicts with the OSHA Review Commission’s interpretation, the Secretary of Labor’s interpretation governs as long as it is reasonable. The Eighth Circuit confronted this question in reviewing conflicting interpretations of a safety regulation governing requirements for machinery guarding, 29 C.F.R. §...
OSHA Asks Congress To Bolster Protections for Whistleblowers Complaining of Workplace Safety Concerns
Posted on Apr 30, 2014 in OSHA | Comments Off on OSHA Asks Congress To Bolster Protections for Whistleblowers Complaining of Workplace Safety Concerns
David Michaels, Assistant Secretary for the U.S. Department of Labor and head of OSHA, told the Senate Subcommittee on Employment and Workplace Safety yesterday about the improvements that OSHA has made in its whistleblower protection program, but stressed that legislation was needed to bolster the general whistleblower protections of the Occupational Safety and Health Act (Section...
Steel Manufacturer Adopts Comprehensive Safety Program in $2.4 million OSHA Settlement
Posted on Apr 29, 2014 in Construction, OSHA | Comments Off on Steel Manufacturer Adopts Comprehensive Safety Program in $2.4 million OSHA Settlement
The U.S. Department of Labor announced a settlement yesterday with a steel manufacturer for approximately $2.4 million for alleged safety violations at the company’s facilities in Ohio and New York. The company agreed to abate the hazards identified by OSHA including failure to provide fall protection, failure to implement lockout/tag out procedures, and failure to provide machine...
New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Posted on Apr 17, 2014 in Litigation, OSHA | Comments Off on New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Working in a New York plant that repaired and manufactured turbine blades for gas turbine engines, a worker was diagnosed with chronic obstructive pulmonary disease and filed a claim for workers’ compensation. The worker also submitted a complaint to OSHA about the workplace conditions at the plant, including inadequate ventilation, lack of respiratory protection, and insufficient...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>