OSHA Issues Investigation Report From Collapse Of Nebraska Feed Manufacturer’s Facility
Posted on Jul 30, 2014 in Construction, OSHA | Comments Off on OSHA Issues Investigation Report From Collapse Of Nebraska Feed Manufacturer’s Facility
OSHA issued its findings from an investigation into a large storage building collapse owned by a Nebraska livestock microfeed manufacturer that caused two worker fatalities and nine other injuries in January. OSHA cited the facility owner with one willful, one repeat, and eleven additional safety violations for failing to protect workers from hazards associated with the structural...
Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Posted on Jul 29, 2014 in Construction, Litigation, OSHA | Comments Off on Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision becomes the final order of the Review Commission absent further discretionary action by...
Grand Jury Returns Superseding Indictment Adding Obstruction Charges Following September 2010 Pipeline Explosion
Posted on Jul 29, 2014 in Investigations, Process Safety, Transportation | Comments Off on Grand Jury Returns Superseding Indictment Adding Obstruction Charges Following September 2010 Pipeline Explosion
A federal grand jury returned a superseding indictment charging a utility with obstruction of the National Transportation Safety Board’s (“NTSB”) investigation of a pipeline explosion in September 2010 that killed 8 people, injured 58 others, and damaged or destroyed more than 100 homes. The superseding indictment also alleges additional violations of the Natural Gas Pipeline Safety...
Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
Posted on Jul 28, 2014 in Product Liability, Transportation | Comments Off on Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
In November 2013, four railcars derailed in Willard, Ohio, one of which carried Styrene Monomer, which caused approximately 400 homes and thousands of residents to evacuate the area. A proposed class of those residents brought suit and alleged that the railroad negligently installed used rail in the location prior to the incident, failed to perform safety inspections, and failed to...
Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
Posted on Jul 27, 2014 in Construction, Litigation, Product Liability | Comments Off on Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
While working on a pipeline, a worker was allegedly sprayed with dangerous chemicals that caused significant injuries. He brought suit against a number of companies alleging damages from the exposure, the unsuccessful attempts to shower off the chemicals and decontaminate him, and inappropriate medical treatment. Among the motions to dismiss filed, the U.S. District Court for the...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>