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Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court

Following significant injuries sustained while riding a mine car that allegedly malfunctioned, a worker brought suit against the manufacturer of two cooling fans in the mine car.  The worker’s employer, however, discarded the cooling fans and could not locate them upon receipt of an evidence preservation letter from the plaintiff’s attorney approximately 35 days following the...

West Virginia Mine Safety Board Gives Coal Operators Three Years To Implement Proximity Technology for In-Service Machines

West Virginia’s Board of Coal Mine Health and Safety finalized a rule that will give coal operators three years to update continuous mining machines with “proximity detection systems” that would prevent miners from being crushed or pinned by underground equipment by stopping the machine if it gets too close to a worker.  The new rule gives companies until July 1, 2017 to add the...

GAO Report Finds Proposal To Lower Dust Exposure Limit in Mines Supported By Substantial Scientific Evidence

The U.S. Government Accountability Office issued a report earlier this week finding that a federal proposal to lower coal miners’ exposure to the dust that can cause black lung disease is supported by substantial scientific evidence.  The GAO conducted the study at Congress’s request and its findings echo the conclusions of a report that GAO issued in 2012.  The proposal seeks to lower...

OSHA Concludes Public Hearings On Proposed Crystalline Silica Exposure Limits

OSHA concluded a three-week public hearing on proposed regulations seeking to limit workers’ exposure to crystalline silica.  Crystalline silica exposure has been linked to health risks, including silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease.  An estimated 2.2. million workers are exposed to respirable crystalline silica, including those involved in...

OSHA Sends Message With $2.3 Million Proposed Fine That Exposing Workers to Hazardous Substances Without Proper Training, Safeguards, and Precautions Is Not Acceptable

OSHA has proposed fines of more than $2.3 million for a New York real estate developer for exposing its workers and the workers of various contractors to asbestos and lead hazards during cleanup operations of a psychiatric center in preparation for a tour of the site by potential investors.  The work at issue included removing asbestos- and lead-contaminated debris, asbestos-containing...

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...

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