New OSHA Reporting Rule Takes Effect January 1, 2017
Posted on Nov 28, 2016
Earlier this year, OSHA issued its final rule requiring some employers to electronically submit workplace safety information. Some of this information will subsequently be made public, meaning that employers and the public will have access to employer-specific data to compare safety performance. In addition, the final rule expressly contains anti-retaliation measures for workers who report injuries and illnesses. With 2016 coming to a close, the final rule’s provisions will soon become effective and employers should be aware of the rule’s implications. The final rule does not alter...
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Nuisance and Negligence Claims Against Michigan Oil Refinery Are Time-Barred
Posted on Nov 20, 2016
The U.S. District Court for the Eastern District of Michigan dismissed a putative class action claiming harm from emissions of oil refinery contaminants. The Plaintiffs claimed the Detroit refinery was liable under private nuisance, negligence, and strict liability theories. Plaintiffs, who lived near the refinery, alleged that the refinery released dangerous toxins into their residential area. The court granted the refinery’s motion to dismiss, stating that the Plaintiffs’ nuisance and negligence claims were “time-barred” and that Michigan did not expressly recognize a stand-alone strict...
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Whistleblower’s Claim of Termination for Reporting Deficient Preventative Maintenance Dismissed
Posted on Oct 24, 2016
In a per curiam decision, a New Jersey appeals court affirmed a decision dismissing a worker’s whistleblower claim against his former employer, a trucking company. The worker alleged that he was wrongfully terminated from his job as a mechanic after reporting violations of the company’s preventative maintenance program. The appellate court’s decision turned on whether the worker “objectively, reasonably believed [the Company’s] conduct threatened public safety.” At the trial court level, the plaintiff’s coworker testified that he and the plaintiff first notified the...
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Third Circuit Reverses Summary Judgment in Asbestos Exposure Case
Posted on Oct 16, 2016
The Third Circuit partially reversed a grant of summary judgment in favor of a manufacturing company in an asbestos exposure case after finding that a reasonable jury could find the manufacturer may have exposed the worker to asbestos. The Plaintiff (the estate of a deceased pipefitter) alleged that the pipefitter’s terminal lung cancer was caused to forty-five years of asbestos-exposure in three facilities owned by the manufacturer and that the exposure occurred from 1) asbestos-containing turbines and 2) asbestos-containing switchgears. Before reaching its ultimate decision, the...
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FTI and Sutherland To Host New York Roundtable on Safety Regulation & Post-Incident Response
Posted on May 12, 2016
On June 1, at the Harvard Club of New York City, Sutherland and FTI Consulting are presenting a complimentary program entitled, “Managing the New Normal: Safety Regulation and Post-Incident Response.” The afternoon program will feature two panels, one addressing the current environment of safety regulation and litigation, and the other on process safety’s role in crisis management. For more information about the agenda or to register for the program, contact Matt Gatewood at matt.gatewood@sutherland.com or 202.383.0122.
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OSHA Issues Final Rule Requiring Electronic Submission (for some) of Workplace Injury Data
Posted on May 12, 2016
The Occupational Safety and Health Administration (OSHA) issued a final rule yesterday to require employers in certain industries to electronically submit injury and illness data. OSHA’s regulations (29 CFR Part 1904) require employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments. Employers covered by these rules must record each recordable employee injury and illness on an OSHA Form 300 (the “Log of Work-Related Injuries and Illnesses”) with supplemental information on a Form 301...
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Key Considerations for Post-Incident Media Response
Posted on May 6, 2016
In today’s world, news of a corporate disaster or fatal injury travels fast. In less than a minute from the time an incident occurs, media phone calls begin. There are countless recent examples of how companies have botched initial post-incident communications in such a way that their actions have led to devastating consequences, from inviting political attacks or litigation to causing shifts in political opinion that directly diminish stock prices. A company must have a battle-tested plan for an immediate incident response that includes media communication and public outreach. View...
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