Offshore Welder’s Estate’s Tort Claims Can Proceed To Trial
Posted on Oct 28, 2014 in Energy/Environmental, OSHA, Workplace Safety | Comments Off on Offshore Welder’s Estate’s Tort Claims Can Proceed To Trial
In November 2012, a welder was injured in an explosion on an offshore platform in the Gulf of Mexico and later died from his injuries. In August 2014, one of the offshore contractor defendants moved for summary judgment, contending that at all material times, the welder was its borrowed employee under the nine-factor test set forth by the Fifth Circuit in Ruiz v. Shell Oil Co., and...
D.C. Circuit Upholds Extension Of OSHA’s Hazard Communication Rule To Combustible Dust
Posted on Oct 27, 2014 in OSHA | Comments Off on D.C. Circuit Upholds Extension Of OSHA’s Hazard Communication Rule To Combustible Dust
On Friday, the U.S. Court of Appeals for the D.C. Circuit upheld an OSHA rule governing combustible dust hazards. Specifically, the rule covers the agency’s hazard communication standard, which requires companies to identify hazards associated with their products, appropriately label containers, and effectively train their employees about the hazards. In 2012, OSHA amended the hazard...
Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
Posted on Oct 25, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Louisiana Federal Court Importantly Rejects Notion Of Co-Invitors In Offshore Operation
The owner of an offshore dive support vessel (the “Contractor”) and the operator of a pipeline recommissioning project (the “Operator”) disputed responsibility for injuries incurred by a worker employed by a services contractor hired to handle Hydrogen Sulfide issues. The Contractor and Operator had a Master Services Contract containing reciprocal defense and indemnity provisions. ...
OSHA Focused On Enhancing Hazardous Chemical Exposure Protections
Posted on Oct 21, 2014 in Energy/Environmental, OSHA | Comments Off on OSHA Focused On Enhancing Hazardous Chemical Exposure Protections
OSHA recently announced that it will step up efforts to prevent work-related illness caused by exposure to hazardous substances. Ninety-five percent of OSHA’s current Permissible Exposure Limits (“PELs”) have not been updated since their adoption in 1971. In addition, they cover fewer than 500 chemicals, which is a small fraction of the tens of thousands of...
OSHA Issues Substantial Proposed Penalty Against Florida Construction Company
Posted on Oct 13, 2014 in Construction, OSHA | Comments Off on OSHA Issues Substantial Proposed Penalty Against Florida Construction Company
OSHA has proposed $355,300 in penalties against a Florida-based construction company based on inspections initiated through its Regional Emphasis Program on Falls in Construction. Included in the penalties were three willful safety violation allegations (each for a maximum penalty of $70,000) for failing to provide workers with fall protection systems. OSHA contends that the systems...
Punitive Damages Not Recoverable By Seaman Under Jones Act Or General Maritime Law According To Fifth Circuit
Posted on Oct 12, 2014 in Energy/Environmental, OSHA, Product Liability, Workplace Safety | Comments Off on Punitive Damages Not Recoverable By Seaman Under Jones Act Or General Maritime Law According To Fifth Circuit
In an en banc opinion, the Fifth Circuit reaffirmed that the survivors of a Jones Act seaman as well as injured seamen are not eligible to recover punitive damages under the Jones Act or general maritime law. The court’s opinion reversed a controversial panel opinion, which had held that such damages were available despite years of precedent to the contrary. In the underlying action,...
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