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FTI and Sutherland To Host New York Roundtable on Safety Regulation & Post-Incident Response

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

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

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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PHMSA Announces Proposed Rule Addressing Natural Gas Pipeline Safety

The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a Notice of Proposed Rulemaking that would update critical safety requirements for natural gas transmission pipelines.  Sutherland attorneys Paul Forshay, Michael Stosser, and Allison Speaker authored the following Legal Alert describing the rule.  Comments on the rule are due by June 7, 2016 PHMSA has issued a proposal to implement regulations that would add new safety measures designed to raise existing safety standards applicable to pipelines currently regulated by PHMSA. The Administration also proposes to make...
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Department of Transportation Investigating Shippers of Crude Oil by Truck For Sampling and Testing Programs

In the last few months, the U.S. Department of Transportation (“DOT”) has initiated an enforcement investigation into whether commodity traders who contract to ship crude oil by truck maintain a written sampling and testing program for these activities.  The requirement to maintain a sampling and testing program was implemented in a DOT final rule issued in May 2015, which also set out new tank car standards and increased safety measures for the transportation of crude oil by rail (the “Final Rule”).  While the Final Rule largely focuses on crude by rail transportation, the sampling...
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OSHA Requiring Engineering Controls To Minimize Workers’ Silica Dust Exposure

The Occupational Safety and Health Administration (OSHA) issued a final rule targeting silica dust exposure.  The rule reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.  The rule also requires employers to use engineering controls to limit worker exposure, provide respirators when engineering controls would not be adequate, limit worker access to high exposure areas, develop written control plans, and train workers on silica risks and how to limit exposure.  The rule will be effective for...
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Drilling Site Owner Has No Responsibility for Subcontractor’s Worker’s Injuries

The owner of a natural gas drilling site (Company A) won summary judgment against a plaintiff suing for severe injuries incurred after being exposed to significant amounts of dust when a dump truck operated by Company B (a contractor of Company A) allegedly unloaded a large amount of cement too quickly.  The U.S. District Court for the Middle District of Pennsylvania concluded yesterday that Company A had no duty to the worker, who was employed by Company C, which had been hired by Company D, a company that Company A had hired to perform drilling operations on the site.  Company A...
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