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OSHA Requiring Engineering Controls To Minimize Workers’ Silica Dust Exposure

The Occupational Safety and Health Administration (OSHA) issued a final rule targeting silica dust exposure.  The rule reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.  The rule also requires employers to use engineering controls to limit worker exposure, provide respirators when...

Refinery To Be Designated as Potentially Responsible Third Party in Wrongful Death Action

After two workers were killed in a 2012 Texas refinery explosion while attempting to restart a boiler, their estates filed suit against the workers’ employer (Defendant A), which was a wholly-owned subsidiary of Defendant B, which in turn was a wholly-owned subsidiary of Defendant C.  Approximately 20 months after filing suit, and 55 days before trial, the plaintiffs filed a...

Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim

On Tuesday, the Fifth Circuit affirmed a judgment for the insurers of a drilling rig that rejected a claim from the rig owner for approximately $17 million in losses.  Following a storm in February 2010, a jack-up drilling rig encountered severe weather and the rough seas caused the rig’s legs to become misaligned, which added to the rig’s difficulties caused by twenty...

Wrongful Death Case In Concrete Crushing Machine Incident Remanded To Louisiana Court

Following the death of a Louisiana worker pulled into a concrete crushing machine, the worker’s mother brought suit against a number of entities in state court, some of which were Louisiana companies and some of which were out-of-state entities.  The out-of-state entities, including the manufacturer of the machine, removed the case to federal court on the grounds that the...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

OSHA Fine Increases Coming In 2016

Effective August 1, 2016, OSHA will increase fines.  Following a one-time catch-up increase, the agency will then raise them on an annual basis to keep pace with the Consumer Price Index.  The 2016 federal budget bill provided this directive.  For more information about the likely impact, click here for an article by Kim Slowey on Construction Dive.  In the article, Sutherland partner...

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