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Bypassing Pollution Control Devices Costly For Shipowner Following Coast Guard Sanctions

In 2010, the U.S. Coast Guard inspected a Norwegian-flagged oceangoing tank vessel while it was docked in Corpus Christi, Texas.  Based on inspections, witness statements, and evidence collected from the vessel, the U.S. Coast Guard concluded that the ship’s pollution control devices were inoperable or had been disarmed and that the ship failed to comply with her own Safety...

Preventive Maintenance Steps To Maximize Preparedness For Litigation And Crisis Management

As the year winds down, there is no better time to make sure that your company is as prepared as possible for future litigation and crisis management.  Below is a quick checklist of 10 preventive maintenance steps you can take to maximize your preparedness.  When conducting any of these steps, be cognizant of protecting privilege.  Document the scope of reviews and clarify the purpose...

OSHA Targeting Repeat Violations In Proposed Penalties Against Freight Shipping Terminal

Yesterday, OSHA announced proposed fines of $330,800 against the owner of a freight shipping terminal for allegedly exposing workers to electrocution, fall, and crushing hazards.  The company previously had similar violations in other states, which lead to the increase in the proposed penalties. According to the OSHA press release, OSHA alleges that the building’s roof leaked...

BSEE Panel Investigation Cites Misunderstood Verbal Instructions And Failure To Account For Seemingly Routine Tasks

The Bureau of Safety and Environmental Enforcement (BSEE) issued its results of a panel investigation into an October 2013 fatality off the Louisiana coast last week.  The incident involved the death of a welder who fell into the Gulf when a 130-ton dry oil storage tank skid assembly became detached from a platform unexpectedly.  The worker was employed by an oilfield services...

Ebola Concerns Make Reviewing OSHA Bloodborne Pathogens Standard Worthwhile

All employers should take proactive steps to ensure compliance with OSHA’s Bloodborne Pathogens standard (29 C.F.R. 1910.1030) given it covers exposure to the Ebola virus.  The Ebola virus is among the subset of diseases to which this standard applies, as it is transmitted by blood or other potentially infectious materials.  In most states that have state-regulated OSHA plans, a...

Be Cognizant Of Close Coordination Between OSHA And The NLRB

Following recent formal announcements that OSHA and the NLRB will be cooperating more in the future, be wary of an uptick in cross-agency investigations.  Earlier this year, OSHA announced that it would refer any untimely whistleblower complaints to the NLRB.  Specifically, a worker has only 30 days under the Occupational Safety and Health Act to file a complaint with OSHA alleging...

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