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OSHA Targets Facilitating Arrest of Injured Worker as Potential Retaliation

Last week, a company and its CEO moved to dismiss a unique complaint brought against them by OSHA in the U.S. District Court for the District of Massachusetts. OSHA alleges that the Company and its CEO unlawfully retaliated against an injured worker by initiating a law enforcement investigation into the worker’s identity that led to his arrest. OSHA alleges that the worker...

Contracts for Multi-Employer Projects Should Clearly Address Local Workers’ Comp Regimes

Yesterday, the U.S. District Court for the Eastern District of Louisiana granted summary judgment to a refinery owner and two of that company’s employees in a suit brought by a worker who had been injured while working at the refinery.  Specifically, the worker suffered chemical burns when a substance sprayed onto the worker and through his personal protective equipment.  The...

Worker Cannot Maintain Civil Tort Claims Against Car Manufacturer for Alleged Exposure to Formaldehyde

The U.S. District Court for the Southern District of Mississippi granted summary judgment to a car manufacturer in a case brought by a worker injured at the car manufacturer’s plant.  The worker alleges the manufacturer exposed him to formaldehyde-gas emissions on three separate dates that caused him to develop epilepsy. He brought claims for fraudulent misrepresentation,...

Practical Implications for Energy Companies of Trump Administration’s Use of Congressional Review Act

Upon taking office with the promise to reduce regulations, the new administration and the U.S. Congress used the Congressional Review Act to repeal 14 “midnight” regulations passed by the previous administration.  Of the 14 repealed regulations, there are three that are of note for companies involved in mining operations domestically, in oil and gas exploration abroad, or who are...

OSHA Changes Course on Union’s Ability To Participate in Inspections of Non-Union Workplaces

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) officially repealed the “Fairfax Memorandum,” a February 21, 2013 directive (an archived copy of the memo can be found here).  The Fairfax Memorandum explained that workers at a worksite without a collective bargaining agreement could designate a person affiliated with a union or community organization to act...

Court Allows Case Challenging OSHA’s Interpretation of Non-Employee “Walk Around” Rights To Continue

In response to the challenge by the National Federation of Independent Business (“NFIB”) of OSHA’s guidance for the right of non-employee third parties to participate in OSHA workplace safety investigations at non-union workplaces, the U.S. District Court for the Northern District of Texas concluded that the NFIB has standing to bring its claims and that the NFIB’s primary claims...

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