West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Posted on Sep 12, 2014 in Litigation, OSHA, Transportation | Comments Off on West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Following a mechanic’s injuries sustained while mounting a tire on a single-piece rim wheel without the use of a cage or other restraining device, and contact by the trucking company of the worker via telephone, social media, and visiting him in the hospital with the alleged improper purpose of convincing him not to file any claims, the worker brought suit for deliberate intent,...
Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
Posted on Sep 11, 2014 in Investigations, Litigation, OSHA, Transportation, Workplace Safety | Comments Off on Railroad Worker’s Retaliation Claims After Filing OSHA Complaint To Proceed
While working as a “train dispatcher,” the plaintiff was involved in an incident that almost resulted in the collision of two passenger trains. Several months later, the plaintiff filed a complaint with OSHA, the federal agency tasked with enforcing the whistleblower protections of the Federal Railroad Safety Act. His OSHA complaint alleged that the railroad instructed...
Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
Posted on Sep 6, 2014 in Construction, Energy/Environmental, Transportation | Comments Off on Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
The Ninth Circuit held that a Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (a general permit issued under EPA’s National Pollutant Discharge Elimination System (“NPDES”)) does not shield non-stormwater discharges of coal from Clean Water Act liability. The court reversed the U.S. District Court for the District of Alaska’s decision finding...
California Public Utilities Commission Imposes Record $1.4 Billion Penalty Against Utility Following September 2010 Pipeline Explosion
Posted on Sep 3, 2014 in Investigations, Process Safety, Transportation | Comments Off on California Public Utilities Commission Imposes Record $1.4 Billion Penalty Against Utility Following September 2010 Pipeline Explosion
Yesterday, the California Public Utilities Commission (CPUC) issued four decisions by two Administrative Law Judges in connection with CPUC investigations of a utility’s gas transmission operations and practices, including pipeline recordkeeping, pipeline classification, and the September 2010 pipeline explosion that killed 8 people, injured 58 others, and damaged or destroyed more...
New Jersey Federal Court Denies Request For Class Certification In Train Derailment Case
Posted on Sep 2, 2014 in Energy/Environmental, Transportation | Comments Off on New Jersey Federal Court Denies Request For Class Certification In Train Derailment Case
The U.S. District Court for the District of New Jersey denied a request for class certification for individuals and business who suffered economic losses as a result of a train derailment that resulted in the release of toxic chemicals. The plaintiffs in the case moved to certify two putative economic loss classes: (1) individuals who resided within the evacuation zone and had...
OSHA Violations Against Rail Car Cleaning Contractor At Chemical Plant Upheld By Fifth Circuit
Posted on Aug 27, 2014 in OSHA, Transportation | Comments Off on OSHA Violations Against Rail Car Cleaning Contractor At Chemical Plant Upheld By Fifth Circuit
Following the death of a worker at a Texas chemical plant, OSHA investigated and issued multiple citations to the worker’s employer, a subcontractor at the plant that performed a variety of services including maintenance, capital and warehouse work, and rail car cleaning. The incident in question involved the rail car cleaning process. The worker died from asphyxiation when he...
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