Internal Investigation Report Ruled Not Privileged Despite In-House Counsel’s Involvement
Posted on Mar 31, 2015 in Investigations, Process Safety | Comments Off on Internal Investigation Report Ruled Not Privileged Despite In-House Counsel’s Involvement
In litigation stemming from a worker’s injuries suffered at a chemical manufacturing facility in Louisiana, one defendant sought the “Root Cause Investigation Report” prepared by the defendant chemical company. Earlier this month, the U.S. District Court for the Eastern District of Louisiana ordered that the report be produced over the chemical company’s...
Alleged Inconsistencies In Applying Lock-out/Tag-out Violations Open Up Company To Race Discrimination Case
Posted on Mar 27, 2015 in Construction, Litigation | Comments Off on Alleged Inconsistencies In Applying Lock-out/Tag-out Violations Open Up Company To Race Discrimination Case
An employee responsible for plant maintenance was terminated by a manufacturing company after the employee allegedly violated a “zero-tolerance” policy for failing to properly apply the company’s lock-out/tag-out procedures to the plant’s equipment. In the plant, each maintenance employee is issued an individual lock with the employee’s lock number and...
Supreme Court Declines To Review MSHA/OSHA Jurisdiction Dispute Over Coal Preparation Facility
Posted on Mar 24, 2015 in Construction, Litigation, OSHA | Comments Off on Supreme Court Declines To Review MSHA/OSHA Jurisdiction Dispute Over Coal Preparation Facility
The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety and Health Review Commission concluded that MSHA jurisdiction was appropriate because the...
Foreign Tire Manufacturer Subject To Personal Jurisdiction In Iowa
Posted on Mar 21, 2015 in Litigation, Product Liability, Transportation | Comments Off on Foreign Tire Manufacturer Subject To Personal Jurisdiction In Iowa
The Supreme Court of Iowa had to confront unsettled federal precedent to decide whether a Chinese tire manufacturer that sold thousands of tires in Iowa through an American distributor could be subject to personal jurisdiction in the state. The tire at issue exploded as it was being inflated and caused severe injuries to the individual inflating it. The individual’s family...
PHMSA Issues Changes To Pipeline Safety Regulations
Posted on Mar 11, 2015 in Energy/Environmental, Investigations | Comments Off on PHMSA Issues Changes To Pipeline Safety Regulations
Earlier today, the U.S. Department of Transportation (through PHMSA) issued changes to certain pipeline safety regulations including the performance of post-construction inspections, leak surveys of Type B onshore gas gathering lines, qualifying plastic pipe joiners, regulation of ethanol, transportation of pipe, filing of offshore pipeline condition reports, and the calculation of...
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