Fourth Circuit Rules that Every “Operator” Has Unconditional Duty To Report Occupational Injuries to MSHA
Posted on Mar 27, 2014 in Construction | Comments Off on Fourth Circuit Rules that Every “Operator” Has Unconditional Duty To Report Occupational Injuries to MSHA
The Mine Safety and Health Administration requires “Each operator” to report “each accident, occupational injury, or occupational illness at the mine” to MSHA within ten working days on a MSHA Mine Accident, Injury, and Illness Report Form 7000-1. Following an injury at an underground Virginia coal mine, a temporary labor agency that provided the miner to the mine reported the injury...
Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy
Posted on Mar 27, 2014 in Litigation, OSHA | Comments Off on Colorado Worker Cannot Bypass OSHA’s Whistleblower Jurisdiction and Sue Employer for for Common Law Violation of Public Policy
The Tenth Circuit upheld summary judgment in favor of an oilfield services company on a former senior engineer’s Colorado common law claims that he had been terminated for repeatedly reporting safety concerns related to confined space entries. The common law claims were not available given OSHA’s exclusive jurisdiction over retaliatory discharges against employees for reporting safety...
Georgia Warehouse Owner Owed No Legal Duty To Provide Fall Protection to Employees of Trucking Company When at Warehouse
Posted on Mar 27, 2014 in Litigation, OSHA | Comments Off on Georgia Warehouse Owner Owed No Legal Duty To Provide Fall Protection to Employees of Trucking Company When at Warehouse
The Court of Appeals of Georgia affirmed summary judgment in favor of a warehouse owner where a trucking company employee fell off a loaded truck at the warehouse facility. The worker argued that OSHA required the facility owner to provide fall protection to prove the facility owner had a legal duty to the worker for purposes of a negligence analysis. The court, however, agreed with...
District Judge Considers Proffered Expert Testimony in Air Pollution Case Against Pennsylvania Coal-Fired Electric Generating Facility
Posted on Mar 25, 2014 in Energy/Environmental, Investigations | Comments Off on District Judge Considers Proffered Expert Testimony in Air Pollution Case Against Pennsylvania Coal-Fired Electric Generating Facility
The U.S. District Court for the Western District of Pennsylvania considered multiple challenges to proffered expert testimony in its cases dealing with air pollution events from a coal-fired electric generating facility in 2006 and 2007 that allegedly caused property damage and adverse health effects. The judge determined that the plaintiffs’ environmental engineering expert could not...
Trustee Turns to Oil Shipper in Lac-Mégantic Litigation, Highlighting Emerging Trend
Posted on Mar 25, 2014 in Energy/Environmental, Investigations, Transportation | Comments Off on Trustee Turns to Oil Shipper in Lac-Mégantic Litigation, Highlighting Emerging Trend
Earlier this year, the bankruptcy trustee for Montreal, Maine & Atlantic Railway filed a Complaint in the adversary proceeding in the Bankruptcy Court for the District of Maine against a crude oil shipper for negligence in allegedly misclassifying the Bakken crude oil it was shipping by rail. According to the Complaint, “Had defendants properly classified, identified and labeled...
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