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DOT Issues Emergency Order Mandating Proper Testing of Crude Oil Prior to Transport

On February 25, the U.S. Department of Transportation issued an emergency order mandating that all persons who offer crude oil for transportation in commerce within the United States “ensure that [it] is properly tested and classed in accordance with 49 CFR parts 172 and 173.” The order also prohibits shipping crude oil by rail as a Packing Group III hazardous material. Citing the...

Umbrella Coverage Is Available to Oklahoma Land Drilling Company for Lawsuits over Worker Deaths

In November 2009, two employees of a domestic land drilling contractor died while conducting modifications to an oil/gas well drilling rig involving a crane.  In response to lawsuits brought by the families of the deceased workers, the drilling company made requests to the insurer of its workers’ compensation policy and to the insurer of an umbrella liability policy to defend or...

California Interagency Working Group On Refinery Safety Releases Final Report Outlining Safety Recommendations For Oil Refineries

California’s Interagency Working Group on Refinery Safety released its final report outlining recommendations to improve worker safety at and near state oil refineries.  The report provides recommendations for improving emergency response and preparedness, requiring safer systems to prevent hazardous events, and improving community awareness and emergency alerts.  It specifically calls...

Ohio District Judge Dismisses All Claims Except Negligence Claims in Alleged Widespread Toxic Waste Disposal Suit

The U.S. District Court for the Northern District of Ohio dismissed wrongful death, personal injury, and property damage claims brought by a group of 58 Sandusky County, Ohio residents against a manufacturing company related to its disposal of toxic waste.  The plaintiffs had alleged that the company used a type of paint in its manufacturing processes that when combusted, produced...

OSHA Proposed Rule Would Extend Compliance Date for Crane Operator Certification Requirement by Three Years to November 2017

OSHA issued the long-awaited proposed rule that would extend the compliance date for crane operator certification and also extend the existing phase-in requirement for employers to ensure that their crane operators are appropriately qualified to November 10, 2017.  Whether the actual certification is the only component of qualification that an employer would have to meet is being...

West Virginia Chemical Leak an Example that All Sizes of Companies Need To Focus on Safety

In a commentary for Law360, safetylitigation.com founders Matt Gatewood and Carter Williams explain the need for safety and risk management systems at companies of all sizes, using the recent West Virginia chemical leak as an important example. The leak from a small company’s storage tank caused thousands of gallons of a coal-cleaning chemical to contaminate the water supply of the...

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