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ELEVENTH CIRCUIT HOLDS INSURANCE COMPANY NOT LIABLE FOR NEGLIGENT INSPECTION WHERE INSPECTION WAS FOR UNDERWRITING – NOT SAFETY

In February 2008, a large explosion at a Georgia sugar refinery silo killed one employee and injured another.  In the years and months leading up to the explosion, an insurance underwriter performed inspections of the refinery to perform property risk assessments for underwriting purposes.  The deceased worker’s family and the injured worker argued that the insurer’s negligence in...

MSHA Releases January Impact Inspection Results

The Mine Safety and Health Administration announced that federal mine inspectors issued 198 citations during special impact inspections conducted at 11 coal and 3 metal mines in January 2014.  The most substantial citations were directed at a West Virginia coal mine and a New York surface shale operation.  The issued citations included a variety of safety hazards such as failure to...

OSHA Issues Substantial Proposed Penalties to Rubber Products Manufacturer Following Workplace Incident for Absence of Machine Safeguards

OSHA has cited a manufacturer of rubber products for the oil and gas industry with a proposed penalty of $560,000 in the wake of an incident where a worker’s arms were crushed by a machine.  The citations, including eight willful violations, were issued for allegedly failing to provide machine guarding to protect the operator and other workers in the machine area from hazards created...

Cal/OSHA Announces Advisory Meeting to Discuss Revisions to Definition of “Repeat Violation”

The Division of Occupational Safety and Health in California announced an advisory meeting for March 14 to discuss two proposed revisions to its definition of “repeat violation” in Section 334(d) of Title 8 of the California Code of Regulations, which governs violation of occupational health and safety standards.  The proposed changes relate to the criteria for classifying a citation...

DOT Issues Emergency Order Mandating Proper Testing of Crude Oil Prior to Transport

On February 25, the U.S. Department of Transportation issued an emergency order mandating that all persons who offer crude oil for transportation in commerce within the United States “ensure that [it] is properly tested and classed in accordance with 49 CFR parts 172 and 173.” The order also prohibits shipping crude oil by rail as a Packing Group III hazardous material. Citing the...

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