Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit
Posted on Nov 12, 2014
Although most of our postings relate to company safety practices, the concept of process safety is equally critical for government agencies tasked with ensuring safety. New York City’s Comptroller reported on Friday that a recent audit of the New York City Department of Buildings (“DOB”) revealed that the agency has dramatically failed to implement the recommendations to improve safety made in a July 2008 commissioned study. Specifically, only 8 of the 65 recommendations have been fully implemented, even though 49 of them were intended to be implemented by 2010....
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Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
Posted on Nov 11, 2014
In April 2006, the braking system on a crane being used to hoist a ladle of molten iron at a steel mill in Indiana failed, which caused molten iron to spill and ignite an extensive fire. The mill owner sued the supplier of the braking system’s parts that fractured for breach of contract and breach of implied warranties. Notably, the parts supplier was not the parts manufacturer. Following a 22-day trial, a jury found in favor of the mill owner and awarded damages of more than $36 million. The parts supplier appealed on a number of grounds, but the Court of Appeals of Indiana...
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Ebola Concerns Make Reviewing OSHA Bloodborne Pathogens Standard Worthwhile
Posted on Nov 10, 2014
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 similar standard applies. Any employer with an employee with “occupational exposure,” defined as “reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other...
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First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
Posted on Nov 9, 2014
In a products liability case concerning standing based on a theory of enhanced risk of future injury, the First Circuit affirmed a district court’s dismissal of a plaintiff’s purported class action claiming that the corrugated stainless steel tubing installed to provide gas to his outdoor firepit was susceptible to causing fires if struck by lightning. Despite being a known risk that a direct or indirect lightning strike can cause an electrical arc that can puncture the tubing and ignite the gas within, this tubing continues to meet code requirements and is used in buildings...
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Missouri Federal Court Finds Excess Workers’ Comp Insurer May Have Fiduciary Duty To Insured
Posted on Nov 8, 2014
After a company settled a workers’ compensation claim for more than $300,000, the company made a claim on its workers’ compensation excess insurer for the amount above $300,000, which the excess insurer had agreed to indemnify the company for according to the terms of the policy. The excess insurer refused payment and the insured brought claims against the insurer under Missouri law for breach of contract, vexatious refusal to pay, declaratory judgment, and breach of fiduciary duty. The excess insurer filed a motion to dismiss the breach of fiduciary duty claim on the grounds...
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Powered Haulage Incidents A Critical Area Of Safety Emphasis
Posted on Nov 6, 2014
Yesterday, the Mine Safety and Health Administration reported a recent fatality at a Wyoming surface mine involving a contractor truck driver with more than five years of truck driving experience. While operating a rock track involved in the removal of top soil, he accidentally drove off a highwall and fell approximately 240 feet. Last year alone, there were six fatalities in the mining industry related to power haulage. MSHA issued a reminder of the following best practices for power haulage, which can apply beyond just the mining industry: Operate equipment in a manner that is consistent...
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Be Cognizant Of Close Coordination Between OSHA And The NLRB
Posted on Nov 5, 2014
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 OSHA violations, but the same deadline for alleging violations of the National Labor Relations Act is 180 days. OSHA’s recommended policy is to “advise all complainants who have filed, or attempted to...
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