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BP Prior Incidents Again at Issue in Oil Spill Litigation

As we previously reported in “Be Prepared for the Inevitable ‘Process Safety’ Attack,” Corporate Counsel (Jan. 23, 2014), available here, the private plaintiffs in last year’s liability trial stemming from the 2010 Gulf oil spill were permitted to introduce evidence of some of BP’s most notable prior incidents through the opinion of a renowned process safety expert,...

Lack of Process Safety Contributes to Shutdown of Fish Products Company

Following a bench trial, a U.S. District Judge in the Eastern District of New York issued an injunction prohibiting two seafood production companies and their senior management from producing food products at a Brooklyn facility that the U.S. Government claimed was noncompliant with the Food, Drug, and Cosmetic Act for introducing adulterated food into interstate commerce. ...

OSHA Extends Public Comment Period on Revisions to Process Safety Management Standard

Following last year’s ammonium nitrate explosion that killed 15 in West, Texas, the President issued Executive Order 13650 targeted at improving chemical facility safety and security.  In response to that Executive Order, OSHA is considering potential changes to its Process Safety Management enforcement policies, as well as potential updates to the agency’s standards on explosives and...

California Interagency Working Group On Refinery Safety Releases Final Report Outlining Safety Recommendations For Oil Refineries

California’s Interagency Working Group on Refinery Safety released its final report outlining recommendations to improve worker safety at and near state oil refineries.  The report provides recommendations for improving emergency response and preparedness, requiring safer systems to prevent hazardous events, and improving community awareness and emergency alerts.  It specifically calls...

Ohio District Judge Dismisses All Claims Except Negligence Claims in Alleged Widespread Toxic Waste Disposal Suit

The U.S. District Court for the Northern District of Ohio dismissed wrongful death, personal injury, and property damage claims brought by a group of 58 Sandusky County, Ohio residents against a manufacturing company related to its disposal of toxic waste.  The plaintiffs had alleged that the company used a type of paint in its manufacturing processes that when combusted, produced...

West Virginia Chemical Leak an Example that All Sizes of Companies Need To Focus on Safety

In a commentary for Law360, safetylitigation.com founders Matt Gatewood and Carter Williams explain the need for safety and risk management systems at companies of all sizes, using the recent West Virginia chemical leak as an important example. The leak from a small company’s storage tank caused thousands of gallons of a coal-cleaning chemical to contaminate the water supply of the...

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