U.S. Secretary of Labor’s Reasonable Interpretation of Safety Regulation Trumps Conflicting Interpretation of OSHA Review Commission
Posted on May 13, 2014 in Construction, OSHA | Comments Off on U.S. Secretary of Labor’s Reasonable Interpretation of Safety Regulation Trumps Conflicting Interpretation of OSHA Review Commission
Where the U.S. Secretary of Labor’s interpretation of a safety regulation conflicts with the OSHA Review Commission’s interpretation, the Secretary of Labor’s interpretation governs as long as it is reasonable. The Eighth Circuit confronted this question in reviewing conflicting interpretations of a safety regulation governing requirements for machinery guarding, 29 C.F.R. §...
Amusement Park Not Liable to Contractor’s Injured Worker Because No Retained Control Over Contractor’s Work
Posted on May 12, 2014 in Construction, Uncategorized | Comments Off on Amusement Park Not Liable to Contractor’s Injured Worker Because No Retained Control Over Contractor’s Work
In March 2008, an employee of a construction contractor for an amusement park fell to his death while dismantling a large log flume-style ride. The worker’s estate sued the amusement park alleging multiple counts of negligence. As is generally true in all states, one who employees an independent contractor in Illinois is not liable for the acts or omissions of the independent...
Fourth Circuit Reverses Benefits Review Board Yet Again in Long-Pending Black Lung Case
Posted on May 6, 2014 in Construction | Comments Off on Fourth Circuit Reverses Benefits Review Board Yet Again in Long-Pending Black Lung Case
In a case highlighting the often-criticized administrative delays within the U.S. Department of Labor’s adjudication process, the Fourth Circuit reversed a decision by the Benefits Review Board affirming an ALJ’s denial of survivor’s benefits under the Black Lung Benefits Act (“the Act”) and awarded benefits to a surviving miner’s spouse. The procedural delays in the resolution of the...
Prison Sentence for Coal Mine Owner Underscores Need for Transparency with Safety Investigators
Posted on May 6, 2014 in Construction, Investigations | Comments Off on Prison Sentence for Coal Mine Owner Underscores Need for Transparency with Safety Investigators
On Friday, the U.S. District Court for the Western District of Virginia sentenced a coal mine owner to three months in prison and ordered him to pay a $3,000 fine for lying to an MSHA agent during a June 2009 investigation. The court also fined the coal company $25,000 and placed it on probation for a year. In June 2009, MSHA inspectors determined that someone at the mine illegally...
Steel Manufacturer Adopts Comprehensive Safety Program in $2.4 million OSHA Settlement
Posted on Apr 29, 2014 in Construction, OSHA | Comments Off on 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...
Be Prepared for a “Process Safety Attack”
Posted on Apr 26, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Transportation, Workplace Safety | 0 comments
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...
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