Eleventh Circuit Holds Civil Penalties Can Be Issued Against Agents Of LLCs Under The Mine Act
Posted on Aug 22, 2014
The Mine Safety and Health Administration issued citations to an Alabama underground coal mine owned by an LLC for failing to abide by the requirement that a certified person walk through the mine’s ventilation system every seven days and take measurements at specific locations to ensure that the system is working properly. See 30 C.F.R. § 75.364(a)(2)(iii). Several months later, MSHA filed petitions for civil penalties against the mine’s acting superintendent and the mine’s general foreman pursuant to 30 U.S.C. § 820(c). After an ALJ affirmed the civil penalties and the Review Commission...
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Sixth Circuit Without Jurisdiction To Hear Challenge To MSHA Rules On Pattern Of Violations Regulations
Posted on Aug 21, 2014
The Mine Safety and Health Administration and the Secretary for the U.S. Department of Labor issued a final rule in January 2013 comprising a new pattern of violation regulation. Under the Mine Act, the Secretary can “make such rules as he deems necessary to establish criteria for determining when a pattern of violations of mandatory health or safety standards exist.” After the Secretary issued the final rule relating to MSHA’s powers regarding inspecting, defining, and following up on a pattern of safety violations, a group of coal associations and mining companies brought suit...
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Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Posted on Aug 21, 2014
Applying the Mississippi Products Liability Act, the Fifth Circuit affirmed a verdict in favor of plaintiffs against the manufacturer and installer of a residential cargo elevator on defective design and failure to warn claims. Following a three-day bench trial, the district court found that the output shaft of the elevator’s gear sheared from metal fatigue caused by the misalignment of the elevator’s drum and gear, and that the misalignment could have been avoided by proper sizing. The district court concluded that the manufacturer acted unreasonably in failing to obtain information about...
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Ninth Circuit Finds Environmental Organizations Have No Cause Of Action Against Rail yard Owners Under Resource Conservation And Recovery Act
Posted on Aug 20, 2014
Last week, the Ninth Circuit affirmed a district court’s dismissal of an action filed by environmental organizations under the Resource Conservation and Recovery Act (RCRA) against certain rail yard owners, finding that the plaintiffs failed to state a claim because diesel emissions do not constitute “disposal of solid waste” under the RCRA. Plaintiffs sued the rail yard owners under the citizen-suit provision of the RCRA, seeking to enjoin them from emitting particulate matter found in diesel exhaust. The RCRA specifically allows suit by private plaintiffs against the owner or operator of...
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North Carolina Federal Court Dismisses Product Liability Action Against Herbicide Manufacturer
Posted on Aug 20, 2014
The U.S. District Court for the Middle District of North Carolina dismissed a pro se plaintiff’s action against a herbicide manufacturer, which alleged that the plaintiff was injured and his employer’s property was damaged when a pump sprayer filled with the herbicide ruptured. The complaint asserted claims for negligence, negligent misrepresentation, fraud, strict liability (manufacturing defect), strict liability (failure to warn), and breach of implied warranty. The court found that even under the liberal pleading standards granted to pro se litigants, the plaintiff’s complaint failed...
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Contractor On Well Site To Remove Drilling Rig Held Business Invitee Of Well Site Lessee Following Injury
Posted on Aug 20, 2014
The U.S. District Court for the Middle District of Pennsylvania held that a well site lessee and its subsidiary can be held liable for negligence in connection with an independent contractor’s personal injury action. Specifically, the court found that the independent contractor, who was present at the well site at the time of his injuries, could be considered a business invitee for the purposes of his negligence claims. The injured contractor sued to recover for injuries he suffered when he was exposed to a hazardous dust cloud caused when a dump truck emptied a load of soil cement during a...
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“Weak Safety Culture” And Ineffective Safety Management System Cited In Canadian Train Derailment Investigation Report
Posted on Aug 20, 2014
Yesterday, the Transportation Safety Board of Canada (TSB) released its investigation report of the July 2013 derailment of a train carrying Bakken crude oil that exploded and killed 47 people in Lac-Mégantic, Quebec. The TSB report finds that 18 factors played a role in the accident, including that the rail company had a “weak safety culture” that contributed to the continuation of unsafe conditions and practices, and compromised the company’s ability to manage risk. The TSB report also cites significant gaps between the company’s operating instructions and how work was actually performed...
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