California Legislature Calls For Investigation Of Workplace Safety in Airports
Posted on Mar 14, 2014
On Friday, California legislators held a press conference calling for committee hearings to assess worker safety at California airports. The death of a baggage handler at Los Angeles International Airport triggered the announcement. Although Cal/OSHA is investigating the death, legislators asked for hearings to ascertain whether this incident is part of a systemic and widespread problem. No hearings have been scheduled to date.
Continue Reading
FAA Seeks Comment on Proposed Rule Requiring Drug and Alcohol Testing of Workers Outside United States
Posted on Mar 13, 2014
The FAA released an Advance Notice of Proposed Rulemaking seeking comments on a rule that would require drug and alcohol testing of maintenance workers who maintain aircraft operated by U.S. air carriers in facilities located outside of the United States. The rule would apply to FAA-certified foreign repair stations and certain maintenance providers who perform safety-sensitive work on U.S. air carrier aircrafts. The proposed testing program would need to meet the current FAA standards for testing U.S.-based maintenance workers and also be consistent with the applicable laws of the country...
Continue Reading
OSHA Provides Guidance on Recordkeeping Requirements for Temporary Workers
Posted on Mar 13, 2014
OSHA has released an educational bulletin providing guidance on the requirements for recording injuries of temporary workers. Requirements for both the staffing agency and the host employer are outlined. OSHA regulations require that the OSHA 300 log include not only recordable injuries and illnesses to “all employees on your payroll” but also all recordable injuries and illnesses “to employees who are not on your payroll if you supervise these employees on a day-to-day basis.” 29 C.F.R. 1904.31(a). In OSHA’s view, based on the educational bulletin, this entity is generally the host...
Continue Reading
Training Workers To Work Safely with Hazardous and Corrosive Chemicals Is Critical
Posted on Mar 12, 2014
OSHA has proposed cumulative penalties of $264,360 to a food manufacturing company and the maintenance and temporary staffing companies it contracts with for failure to provide adequate training for employees to work safely with the ammonia used in refrigeration in violation of OSHA’s Process Safety Management Standard. Among the citations, the company was cited for failure to ensure that secure doors fit properly, failure to train the workers on the ammonia refrigeration systems, and failure to train the workers on controlling hazardous energy through standard lockout/tagout procedures...
Continue Reading
Parent Company’s Liability in Tort for Injury to Worker of Subsidiary Goes to Louisiana Jury
Posted on Mar 11, 2014
The estate of a senior welder killed in the construction of a large winch in Houma, Louisiana brought suit for negligence against the parent company of the worker’s employer for “failing to adequately manage, supervise, and direct their subsidiary in the performance of its operations and/or implement corporate safety policies.” The U.S. District Court for the Eastern District of Louisiana denied summary judgment and will allow the case to proceed to the jury to determine whether the parent undertook to assume a legal duty for the worker’s safety under Section 324A of the Restatement...
Continue Reading
FAA’s Loss in Drone Case May Spur Agency To Expedite Safety Regulation Process
Posted on Mar 6, 2014
On March 6, a National Transportation and Safety Board ALJ dismissed an FAA enforcement action over the use of a small unmanned aircraft. The ALJ found that the aircraft in question, a modified model airplane, did not fit the FAA’s definition of “aircraft” and, therefore, that the FAA had no authority to regulate. The FAA appealed the ruling to the U.S. Court of Appeals for the District of Columbia, explaining that the ALJ’s “decision could impact the safe operation of the national airspace system and the safety of people and property on the ground.” The FAA also released a fact sheet...
Continue Reading
OSHA Extends Public Comment Period on Revisions to Process Safety Management Standard
Posted on Mar 5, 2014
Following last year’s ammonium nitrate explosion that killed 15 in West, Texas, the President issued Executive Order 13650 targeted at improving chemical facility safety and security. In response to that Executive Order, OSHA is considering potential changes to its Process Safety Management enforcement policies, as well as potential updates to the agency’s standards on explosives and blasting agents, flammable liquids, and spray finishing. The public comment period on the request for information on the potential revisions has been extended to March 31, 2014.
Continue Reading
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>