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OSHA Asks Congress To Bolster Protections for Whistleblowers Complaining of Workplace Safety Concerns

David Michaels, Assistant Secretary for the U.S. Department of Labor and head of OSHA, told the Senate Subcommittee on Employment and Workplace Safety yesterday about the improvements that OSHA has made in its whistleblower protection program, but stressed that legislation was needed to bolster the general whistleblower protections of the Occupational Safety and Health Act (Section...

Steel Manufacturer Adopts Comprehensive Safety Program in $2.4 million OSHA Settlement

The U.S. Department of Labor announced a settlement yesterday with a steel manufacturer for approximately $2.4 million for alleged safety violations at the company’s facilities in Ohio and New York.  The company agreed to abate the hazards identified by OSHA including failure to provide fall protection, failure to implement lockout/tag out procedures, and failure to provide machine...

Indiana Federal Court Dismisses Product Liability Suit Against Crane Supplier Following Alleged Problem with Crane’s Cruise Control

On Friday, the U.S. District Court for the Southern District of Indiana granted summary judgment to the supplier of a large crane used for constructing wind turbines on an Indiana wind farm.  Following a workplace incident, a worker sued the provider of the crane alleging that the supplier was negligent in inspecting the crane by failing to recognize an electrical wiring defect in...

Be Prepared for a “Process Safety Attack”

Safetylitigation.com founders Carter Williams and Matt Gatewood recently analyzed the legal attack to expect following a major incident in the January issue of Corporate Counsel under the headline, “Be Prepared for the Inevitable ‘Process Safety’ Attack.”  In the article, they draw on their experiences in the Gulf of Mexico oil spill litigation and warn of the courtroom fallout after a...

Consumer Expectation Test Applies in Maryland Strict Products Liability Case Unless a Product Malfunctions

The U.S. District Court for the District of Maryland rejected a car manufacturer’s argument that the jury should use a risk-utility test and not a consumer expectation test in analyzing a strict products liability case.  The risk-utility test, preferred by the manufacturer, regards a product as defective and unreasonably dangerous for strict liability purposes if the danger presented...

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