Court Emphasizes OSHA Standards Have No Bearing In Consumer/Manufacturer Case
Posted on Oct 27, 2015 in Construction, OSHA, Product Liability | Comments Off on Court Emphasizes OSHA Standards Have No Bearing In Consumer/Manufacturer Case
Last week, the U.S. District Court for the Western District of Virginia granted summary judgment to the manufacturer of a zero-turn radius lawnmower in a case brought by the estate of an individual killed when operating the mower in a roll over incident. The estate claimed that the mower was defectively designed without rollover protection (which was an optional safety feature that...
Eighth Circuit Rejects OSHA Interpretation Of Barrier Guard Standard
Posted on Oct 14, 2015 in Construction, OSHA | Comments Off on Eighth Circuit Rejects OSHA Interpretation Of Barrier Guard Standard
The Secretary of Labor (through OSHA) determined that an industrial manufacturer of air circulating equipment violated 29 C.F.R. 1910.212(a)(1), which requires barrier guards on certain industrial equipment, and fined the company $490,000. An ALJ rejected the Secretary’s interpretation of the standard and vacated the fine, the Occupational Safety and Health Review Commission...
Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident
Posted on Sep 22, 2015 in Construction, Litigation, OSHA | Comments Off on Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident
An Illinois court yesterday confronted an insurer’s duty to defend an additional insured under the terms of a commercial general liability policy issued to a third party following a workplace incident. In 2012, a subcontractor’s employee fell off a roof, sustained serious injuries, and brought a personal injury action against the project’s general contractor. The...
New York City Targeting Safety Violations And Corruption In the Construction Industry
Posted on Aug 7, 2015 in Construction, Investigations, OSHA | Comments Off on New York City Targeting Safety Violations And Corruption In the Construction Industry
New York City is targeting corruption and fraud in the construction industry. On Wednesday, the Manhattan District Attorney’s Office, the New York City Department of Investigation (“DOI”), the Port Authority of New York and New Jersey Office of the Inspector General, the Metropolitan Transportation Authority Office of the Inspector General, and the Business Integrity...
Supreme Court Asked To Clear Up Maritime Contracting Circuit Split
Posted on Aug 4, 2015 in Litigation, OSHA, Transportation | Comments Off on Supreme Court Asked To Clear Up Maritime Contracting Circuit Split
An ocean carrier and its on-land rail subcontractor have asked the U.S. Supreme Court to resolve the uncertainty in maritime contracting created by an apparent conflict between the Seventh Circuit and a recent Second Circuit decision that arise from the interpretation of the U.S. Supreme Court’s case of Kawasaki Kisen Kaisha, Ltd. v. Regal-Beloit, 561 U.S. 89 (2010), a case that...
Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
Posted on May 29, 2015 in Construction, Energy/Environmental, Litigation, OSHA | Comments Off on Federal Court Enjoins Manufacturing Plant From Retaliating Against OSHA Complainants
An employee working on a production line of a plant that makes foam cushions used in car seats and head rests raised concerns about exposure to the chemical toluene diisocyanate (“TDI”). In May 2014, the employee was one of ten plant employees to provide management with a signed letter regarding TDI leaks at the plant and health concerns. The plant promptly hired an...
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