Workers Can Sue Agency for Protection
- A federal appeals court dismissed the lawsuit by Pennsylvania workers over alleged unsafe working conditions.
- However, the court affirmed the right for workers to sue OSHA if faced with “imminent danger.”
- The lawsuit can go forward ”if the agency takes no action “arbitrarily or capriciously.”
- The court also said workers can only sue while OSHA is in the midst of its enforcement proceedings, which can stretch on for years.
Kentucky mining company admits cheating on tests
- Black Diamond Coal LLC in Kentucky pleaded guilty to one charge of willfully violating a mandatory federal health and safety standard and one charge of making false statements about dust sampling.
- Walter Perkins, who was in charge of sampling for dust in Floyd County, pleaded guilty to charges that he authorized, ordered, or carried out a violation of a health and safety standard and to a charge of making false statements.
- NIOSH has shown that black lung is caused by inhaling coal dust and other harmful particles while coal mining.
- Black Diamond will pay a fine of $200,000 and be placed on probation for two years if U.S. District Judge Robert E. Wier approves the plea deal.
Shareholder sues Dollar General after OSHA fines
- A shareholder lawsuit alleging breach of fiduciary duty and a waste of corporate assets after Dollar General has accrued more than $15 million in fines from OSHA.
- The suit was filed in the U.S. District Court for the Middle District of Tennessee by shareholder Brent Conforti.
- The plaintiff cites a “sustained failure of the Dollar General board members to implement and maintain an effective system of internal controls,” according to the court document.
- CEO and board member Jeffrey Owen, executive VP and chief information officer Carman Wenkoff, and former CEO Todd Vasos are also named as defendants.
Missouri firm faces nearly $200,000 in fines after worker electrocuted
- A fourth-year apprentice heating, ventilation, and air conditioning technician employed by U.S. Engineering Services suffered fatal electrocution after contacting energized parts while repairing HVAC equipment in Missouri.
- OSHA found the company failed to follow required procedures which would have prevented the incident, a violation cited by federal investigators when another company HVAC technician was fatally electrocuted.
- The agency also found the Kansas City-based company failed to conduct hazard assessments to identify personal protective equipment needs
- U.S. Engineering Services was cited for three serious and two repeat violations and proposed $197,642 in penalties.