MSHA Announces Final Rule Lowering Miners’ Exposure Limits to Respirable Coal Dust; Rule Will Be Challenged
Posted on Apr 23, 2014
The Mine Safety and Health Administration announced today that on May 1, 2014, it will release a final rule to lower miners’ exposure to respirable coal mine dust in underground and surface coal mines. The final rule lowers miners’ acceptable exposure to respirable coal dust by reducing the overall dust standard from 2.0 to 1.5 milligrams per cubic meter of air and cutting the standard in half for certain mine entries and miners suffering from pneumoconiosis. Further, according to MSHA, the rule closes loopholes in current regulations and improves dust sampling practices by requiring that...
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Shareholder Derivative Suit Closely Follows Utility’s Indictment on Federal Charges Following September 2010 Pipeline Explosion
Posted on Apr 22, 2014
In what has become a typical play for plaintiffs’ lawyers following investigations of high profile incidents, an investor filed suit yesterday against current and former officers and directors of a utility for breach of fiduciary duty, alleging the defendants harmed the company by creating a corporate culture that “emphasized profits over customer safety” and contributed to a pipeline explosion in September 2010 that killed 8 people, injured 58 others, and damaged or destroyed more than 100 homes. The derivative action was filed three weeks after a federal grand jury returned a 12-count...
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U.S. Supreme Court Will Not Hear Case Addressing Standard of Review for MSHA’s Approval of Mining Ventilation Plans
Posted on Apr 21, 2014
Earlier today, the U.S. Supreme Court declined to review a Seventh Circuit holding that a decision of the Secretary of Labor to withhold approval of a coal mine’s ventilation plan is reviewable under an abuse of discretion standard. Underground coal mine operators must have ventilation plans approved by the Secretary of Labor (through the Mine Safety and Health Administration) under federal law. An Illinois mine operator sought administrative review of MSHA’s withholding of approval of such a plan and the ALJ determined that the MSHA district manager’s refusal to approve the plan was not...
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New York Federal Court Dismisses Suit Alleging High-Fructose Corn Syrup Is a Toxic, Unsafe Substance
Posted on Apr 21, 2014
Earlier today, the U.S. District Court for the Western District of New York dismissed a case against five manufacturers of high-fructose corn syrup alleging the substance was toxic, unsafe, and was a substantial factor in causing the plaintiff to develop Type 2 diabetes. Accepting the plaintiff’s allegations as true for the purposes of deciding the defendants’ motion to dismiss, the court concluded that the plaintiff had not met the pleading standard, finding it unlikely that the plaintiff could show that her consumption of specific foods (and specifically the high-fructose corn syrup...
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Insurer Must Defend Asbestos Claims Against Dissolved Insured Corporation Under New Jersey Law
Posted on Apr 18, 2014
An insurance company that accepted premiums from and agreed to defend and indemnify a New Jersey valve manufacturer for tortious conduct during designated coverage periods must defend suits brought by a group of plaintiffs for alleged asbestos exposure during those time periods, even though the insured had declared bankruptcy and dissolved at the time the suits were initiated. The Appellate Division of the Supreme Court of New York, First Department, explained that the “contractual coverage obligations should not be nullified on the mere happenstance that the corporation was dissolved at...
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Wisconsin Federal Court Grants Summary Judgment for Union on Worker’s Breach of Duty of Fair Representation Claim Following Violation of Workplace Safety Rule
Posted on Apr 18, 2014
While working in a plastics manufacturing plant, a worker violated a Task Safety Analysis rule requiring belly bands (or lifting straps) to be used when changing shafts as opposed to manually lifting them. The employer investigated the incident and terminated the worker because this was his second willful violation of a Task Safety Analysis rule at the plant and he had previously been warned that failure to follow those rules would lead to disciplinary action. The worker filed a union grievance that the union eventually settled on behalf of the worker for $20,000. The settlement did not...
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New York Manufacturer Justified in Terminating Worker Despite Worker’s Filing of OSHA Complaint and Claim for Workers’ Compensation
Posted on Apr 17, 2014
Working in a New York plant that repaired and manufactured turbine blades for gas turbine engines, a worker was diagnosed with chronic obstructive pulmonary disease and filed a claim for workers’ compensation. The worker also submitted a complaint to OSHA about the workplace conditions at the plant, including inadequate ventilation, lack of respiratory protection, and insufficient sound protection. OSHA inspected and proposed a minor fine. The worker failed a medical examination to determine whether he was physically able to use a respirator and later suffered a shoulder injury that...
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