Oil Refinery Targeted by Wyoming OSHA for Alleged Violations from September 2013 Explosion
Posted on Apr 16, 2014 in Energy/Environmental, OSHA | Comments Off on Oil Refinery Targeted by Wyoming OSHA for Alleged Violations from September 2013 Explosion
Wyoming OSHA issued seven citations to a refinery for violations stemming from a September 2013 explosion and fire caused by leaking hydrogen that ignited. The citations include willful, serious, and repeat serious violations and proposed penalties totaling $201,000. While no injuries resulted from the incident, Wyoming OSHA contends that the incident would have been prevented if the...
D.C. Circuit Upholds OSHA Enforcement Using General Duty Clause in SeaWorld Case; Dissent Warns of Far-Reaching Consequences
Posted on Apr 12, 2014 in OSHA | Comments Off on D.C. Circuit Upholds OSHA Enforcement Using General Duty Clause in SeaWorld Case; Dissent Warns of Far-Reaching Consequences
On Friday, the D.C. Circuit upheld OSHA’s finding that SeaWorld violated the Occupational Safety and Health Act’s “general duty” clause by willfully exposing trainers to recognized hazards when working in close contact with killer whales during performances following the death of a trainer. The 2-1 majority opinion explains why the record supports the ALJ determination upholding the...
OSHA Assesses Railroad Company Significant Fine for Terminating Conductor After Reporting Workplace Injury
Posted on Apr 10, 2014 in OSHA, Transportation | Comments Off on OSHA Assesses Railroad Company Significant Fine for Terminating Conductor After Reporting Workplace Injury
OSHA has ordered a railroad company to pay more than $352,000 in damages including $75,000 in punitive damages for terminating a conductor following the reporting of a workplace incident that occurred in Manitowoc, Wisconsin in violation of the Federal Railroad Safety Act. The conductor was within his 60-day probationary period when the injury occurred. The conductor reported the...
OSHA Concludes Public Hearings On Proposed Crystalline Silica Exposure Limits
Posted on Apr 4, 2014 in Construction, Energy/Environmental, OSHA | Comments Off on OSHA Concludes Public Hearings On Proposed Crystalline Silica Exposure Limits
OSHA concluded a three-week public hearing on proposed regulations seeking to limit workers’ exposure to crystalline silica. Crystalline silica exposure has been linked to health risks, including silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease. An estimated 2.2. million workers are exposed to respirable crystalline silica, including those involved in...
“Paymaster” May Not Be Considered Rig Worker’s Employer In Context Of Vicarious Liability For Negligence Under General Maritime Law
Posted on Apr 3, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on “Paymaster” May Not Be Considered Rig Worker’s Employer In Context Of Vicarious Liability For Negligence Under General Maritime Law
Confronted with an issue of first impression in the Fifth Circuit, the U.S. District Court for the Eastern District of Louisiana concluded that where a company serves only as a “paymaster,” that company cannot be considered a rig worker’s employer in the context of vicarious liability for negligence under general maritime law. The court granted summary judgment to the company serving...
OSHA Sends Message With $2.3 Million Proposed Fine That Exposing Workers to Hazardous Substances Without Proper Training, Safeguards, and Precautions Is Not Acceptable
Posted on Apr 2, 2014 in Construction, Energy/Environmental, OSHA | Comments Off on OSHA Sends Message With $2.3 Million Proposed Fine That Exposing Workers to Hazardous Substances Without Proper Training, Safeguards, and Precautions Is Not Acceptable
OSHA has proposed fines of more than $2.3 million for a New York real estate developer for exposing its workers and the workers of various contractors to asbestos and lead hazards during cleanup operations of a psychiatric center in preparation for a tour of the site by potential investors. The work at issue included removing asbestos- and lead-contaminated debris, asbestos-containing...
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