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...
FRA Proposed Rule Will Require Two-Person Crews on Crude Oil Trains
Posted on Apr 9, 2014 in Energy/Environmental, Transportation | Comments Off on FRA Proposed Rule Will Require Two-Person Crews on Crude Oil Trains
The U.S. Department of Transportation’s Federal Railroad Administration (FRA) announced Wednesday that it will issue a proposed rule requiring two-person crews on crude oil trains. The FRA moved forward with the rulemaking after a Railroad Safety Advisory Committee (RSAC) Working Group created at DOT’s request in response to the Lac-Mégantic, Quebec derailment failed to reach...
Court Holds Federal Railroad Safety Act Does Not Affect Federal Venue Statute
Posted on Apr 8, 2014 in Litigation, Transportation | Comments Off on Court Holds Federal Railroad Safety Act Does Not Affect Federal Venue Statute
The U.S. District Court for the Eastern District of Pennsylvania held that the Federal Railroad Safety Act, which briefly discusses venue at § 49 U.S.C. 20109(d)(2)(A)(iii) and § 49 U.S.C. 20109(d)(3), “does not supplant the general venue guidelines set forth in 28 U.S.C. § 1391(b). The court rejected an argument that the Railroad Safety Act required venue to lie in only one...
PHMSA Announces All-Time High in Proposed Penalties in 2013, Continuing Trend of Tougher Enforcement
Posted on Apr 7, 2014 in Investigations, Transportation | Comments Off on PHMSA Announces All-Time High in Proposed Penalties in 2013, Continuing Trend of Tougher Enforcement
On Monday, PHMSA announced that it proposed more than $9.7 million in civil penalties against pipeline operators for safety violations in 2013, marking an all-time high for the agency. PHMSA also announced that it initiated 266 enforcement cases against pipeline operators in 2013, including for problems with pipeline integrity management systems, risk assessments, and failure...
FAA Proposes $325,000 Civil Penalty Against Chemical Company for Hazardous Materials Violations
Posted on Apr 1, 2014 in Energy/Environmental, Transportation | Comments Off on FAA Proposes $325,000 Civil Penalty Against Chemical Company for Hazardous Materials Violations
The FAA recently proposed a $325,000 civil penalty against a chemical company for alleged violations of HAZMAT Regulations. The FAA alleges that the company shipped a hazardous material on two separate cargo flights. The material, Acrolein, can become explosive when combined with air and is classified as a toxic/poisonous material under federal law. Acrolein is prohibited from being...
Florida Court Concludes Claims Arising from Nigerian Plane Crash Brought by Estates of U.S. Citizens or Residents Can Be Heard in United States
Posted on Mar 31, 2014 in Litigation, Transportation | Comments Off on Florida Court Concludes Claims Arising from Nigerian Plane Crash Brought by Estates of U.S. Citizens or Residents Can Be Heard in United States
In June 2012, a plane carrying 153 people, including several Americans, crashed on approach to a Nigerian airport. The flight was domestic to Nigeria, traveling from Abuja to Lagos, Nigeria. Mass-tort lawsuits were filed in the United States, both by the estates of individuals who were citizens or residents of Nigeria (or other foreign countries) and by the estates of individuals who...
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