Death of Twin Cities-area healthcare employee prompts investigation
The June 1 death of a respected Minneapolis-area phlebotomist is under investigation by Fed-OSHA. It’s currently unknown whether she and co-workers were being provided with adequate personal protective equipment when she contracted the virus or whether she caught it at work. She reportedly worked close to COVID-19 patients, drawing blood while wearing only a loose-fitting surgical mask covered by a face shield, instead of a tight-fitting N95 respirator. Minneapolis Star-Tribune
Idaho ski resort pays fine for construction violations
Idaho’s Bogus Basin ski resort has paid a $52,680 fine to the Environmental Protection Agency for using improper construction technique. The agency claimed the resort installed a retention dam, created a 42-acre-foot storage pond for snow-making and conducted a chairlift replacement without conducting correct inspections. The he EPA also claims the resort failed to maintain best practices and had a deficient plan to stop potential pollution of stormwater. Idaho Press
Judge finds no scientific basis for heat index chart used by Fed-OSHA
An administrative law judge of the independent Occupational Safety and Health Review Commission last week ruled Fed-OSHA failed to show the National Weather Service’s heat index chart, which the agency used to prosecute employers in heat stress cases, has a scientific basis. Fed-OSHA many times has used the chart as evidence employers violated the General Duty Clause of the OSHA Act, so the holding likely will reverberate widely, writes Arthur G. Sapper, Senior Counsel with Ogletree Deakins. National Law Review
Two major retailers penalized for COVID compliance issues
The Nevada Division of Industrial Relations last week issued its latest report of businesses that have been cited and fined by Nevada OSHA for not meeting state COVID-19 health and safety requirements. Businesses were notified of noncompliance on first visits; after officials observed “ongoing noncompliance” during follow up visits, formal investigations were opened, according to the agency. KLAS (Las Vegas)
Are cruise lines opening themselves up to COVID lawsuits?
As cruise lines begin operations again, will they be facing personal injury lawsuits from sick passengers and maritime wrongful death claims from grieving family members? South Florida Reporter
Fed-OSHA issues COVID-19 guidance for oil and gas industry
Fed-OSHA earlier this month issued COVID-19 control and prevention guidance for oil and gas industry workers and employers that supplements the agency’s interim guidance for the general workforce. The good news for the industry is Fed-OSHA does not anticipate a very high or high risk of exposure, write attorneys John F. Martin and Phillip B. Russell, shareholders with Ogletree Deakins. National Law Review