Florida Supreme Court Hears Argument on Questions Certified by the Eleventh Circuit Regarding Whether Tort Judgment Is Enforceable Following Workers’ Comp Settlement
Posted on Apr 14, 2014
In December 1997, a tree fell while being loaded into a flatbed truck and killed an employee of the landscaping company performing the work. The company had a dual insurance coverage policy that provided 1) coverage for workers’ compensation insurance (Part I of the policy) and 2) employer liability insurance designed to insure against any damages arising from employee injuries not covered by Part I (Part II of the policy). Following the fatality, the insurer immediately began paying workers’ compensation benefits to the worker’s estate and eventually entered into a full settlement of the...
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D.C. Circuit Upholds OSHA Enforcement Using General Duty Clause in SeaWorld Case; Dissent Warns of Far-Reaching Consequences
Posted on Apr 12, 2014
On Friday, the D.C. Circuit upheld OSHA’s finding that SeaWorld violated the Occupational Safety and Health Act’s “general duty” clause by willfully exposing trainers to recognized hazards when working in close contact with killer whales during performances following the death of a trainer. The 2-1 majority opinion explains why the record supports the ALJ determination upholding the general duty clause violation, but the dissent thoughtfully raises a larger issue: is OSHA regulation, premised on the general duty clause, expanding the scope of OSHA regulation beyond what Congress...
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The Office of Inspector General Says FAA Needs To Improve Oversight Of Voluntary Disclosure Reporting Program
Posted on Apr 10, 2014
The Office of Inspector General (“OIG”) released a report recommending that the FAA improve its voluntary disclosure reporting program. The report, which was issued in response to a mandate in the 2012 FAA Modernization and Reform Act, found that while the FAA has made progress in ensuring that air carrier reports meet the program’s requirements, the agency remains unaware about the root causes of the reported violations. OIG noted that the FAA does not require carriers to identify or document the root cause of a violation when they submit a report. Likewise, OIG found that the FAA does...
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West Virginia Mine Safety Board Gives Coal Operators Three Years To Implement Proximity Technology for In-Service Machines
Posted on Apr 10, 2014
West Virginia’s Board of Coal Mine Health and Safety finalized a rule that will give coal operators three years to update continuous mining machines with “proximity detection systems” that would prevent miners from being crushed or pinned by underground equipment by stopping the machine if it gets too close to a worker. The new rule gives companies until July 1, 2017 to add the systems to machines that are already in service. The rule, however, requires that the proximity detection systems be included on all machines placed into service after January 1, 2015 or rebuilt after July 1, 2015. ...
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OSHA Assesses Railroad Company Significant Fine for Terminating Conductor After Reporting Workplace Injury
Posted on Apr 10, 2014
OSHA has ordered a railroad company to pay more than $352,000 in damages including $75,000 in punitive damages for terminating a conductor following the reporting of a workplace incident that occurred in Manitowoc, Wisconsin in violation of the Federal Railroad Safety Act. The conductor was within his 60-day probationary period when the injury occurred. The conductor reported the injury later that day, but not before the end of his shift. On his last day of probation, he was issued a removal-from-service letter that rejected his employment application. The railroad later stated that he...
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Contractual Liability Limitation Upheld in Suit Brought Against Escalator Maintenance Company Following Malfunction After NHL Game
Posted on Apr 10, 2014
In 2009, following a St. Louis Blues hockey game, an escalator malfunctioned by running out of control and crashing, causing injuries to multiple sports fans and damage to the escalator. Among the lawsuits that followed, the arena owner sued the company that performed maintenance on the escalator two months before the incident. The maintenance company filed a motion to dismiss certain claims as being barred by the parties’ contract, which provided: “[Maintenance company] will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price...
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FRA Proposed Rule Will Require Two-Person Crews on Crude Oil Trains
Posted on Apr 9, 2014
The U.S. Department of Transportation’s Federal Railroad Administration (FRA) announced Wednesday that it will issue a proposed rule requiring two-person crews on crude oil trains. The FRA moved forward with the rulemaking after a Railroad Safety Advisory Committee (RSAC) Working Group created at DOT’s request in response to the Lac-Mégantic, Quebec derailment failed to reach consensus when evaluating the issue of appropriate crew size. The train containing crude oil that derailed in Lac-Mégantic had been left unattended on a main line prior to the incident. Existing FRA regulations do not...
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