News & Analysis as of

Toxic Exposure Workplace Hazards

Hissey, Mulderig & Friend, PLLC

Asbestos Exposure Widespread at Oil and Gas Job Sites in Texas

Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more

Ius Laboris

Poland Implements Worker Protection Against Reprotoxins

Ius Laboris on

An amendment to the Labour Code has expanded worker protection to include reprotoxic substances (i.e. substances capable of causing infertility, miscarriage or fetal developmental defects)....more

Hissey, Mulderig & Friend, PLLC

Hidden Cancer Risk With AFFF Fire Foam Fuels Lawsuits From Firefighters

Recent studies have shown that firefighters who worked with aqueous film-forming foam, or AFFF, face an increased risk of developing kidney cancer, testicular cancer, pancreatic cancer, or other types of cancer due to the...more

Conn Maciel Carey LLP

[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement - October 22nd, 1:00 pm ET

Conn Maciel Carey LLP on

Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more

Littler

Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

Littler on

On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more

Seyfarth Shaw LLP

Federal OSHA Announces Inspection Initiative Focusing on Crystalline Silica in the Stone Fabrication Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has launched a new initiative focused on enhancing enforcement and providing compliance assistance to protect workers from the hazards of silica....more

Goldberg Segalla

ALCOA Denied Summary Judgment Where Question of Fact Exists

Goldberg Segalla on

Jurisdiction: Supreme Court of New York, New York County - This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc.,...more

Goldberg Segalla

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Goldberg Segalla on

Jurisdiction: Supreme Court of New York, New York County - Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed...more

Goldberg Segalla

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

Goldberg Segalla on

U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Husch Blackwell LLP

Pennsylvania Court Applies Maritime Bare Metal Test In Favor Of Defendants

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On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court...more

Shutts & Bowen LLP

PFAS Liability Litigation and the Construction Industry – Act Now or Pay Later

Shutts & Bowen LLP on

For decades, per- and polyfluoroalkyl substances (PFAS) have been used in the production and composition of many products used daily throughout Florida and across the country. Prized for their desirable properties, PFAS...more

Husch Blackwell LLP

Fourth Circuit Refuses To Reduce Record-Breaking $32.7 Million Verdict

Husch Blackwell LLP on

On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of the...more

Husch Blackwell LLP

Toxic Tort Monitor: Louisiana Upholds Reduction Of A Large Toxic Tort Verdict

Husch Blackwell LLP on

In April, the U.S. District Court Eastern District of Louisiana upheld the reduction of a large toxic tort verdict in James Gaddy, et al. v. Taylor-Seidenbach, Inc., et al., No. CV 19-12926. Plaintiff sought reconsideration...more

Harris Beach PLLC

Emotional Distress Claims in Toxic Exposure Case Survive Motion to Dismiss

Harris Beach PLLC on

The recent rejection of an attempt to dismiss emotional distress claims offers a prescient reminder of the wide breadth of claims a toxic tort plaintiff may prosecute, and the array of damages that may be recoverable. ...more

Littler

OSHA Collecting Final Input as it Considers Rule on Occupational Exposure to Beryllium in the Construction and Shipyard Industries

Littler on

On October 8, 2019, the Occupational Safety and Health Administration (OSHA) issued a new Notice of Proposed Rulemaking on Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 84...more

Dentons

Home Healthcare Providers Threatened by Second-Hand Smoke

Dentons on

Everyone knows the dangers of second-hand smoke. Employers around the country have moved to smoke free environments and in 2008, the Iowa Smokefree Air Act was passed, providing rules that smoking is not allowed in enclosed...more

Seyfarth Shaw LLP

Reminder — Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke Now in Effect

Seyfarth Shaw LLP on

Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke.. With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Silica/OSHA Enforcement: Proposed Penalty Assessment for Delaware, Ohio Foundry

The United States Occupational Safety and Health Administration (“OSHA”) issued an October 7th news release stating it cited Liberty Casting Company (“Liberty”) for certain alleged violations. Liberty is stated to operate...more

Jones Day

Anxiety From Asbestos Exposure: French Compensation Model Extended to Other Toxic Substances - The French Supreme Court (Cour de...

Jones Day on

In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead/OSHA Enforcement: Frenchtown, New Jersey Painting/Wall Covering Contractor Proposed to be Assessed Penalty for Alleged...

The United States Occupational Safety and Health Administration (“OSHA”) issued a July 24th news release stating that it had cited Scots Christopher Rule, LLC (“SCR”) for alleged violations involving the renovation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Ohio Aluminum Manufacturer Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued a June 20th news release stating that it cited Ohio Gratings, Inc. (“OGI”) for alleged violations. OGI is described as a manufacturer of aluminum, stainless...more

Littler

OSHA Issues Long-Awaited Standards Improvement Project IV Final Rule

Littler on

On May 14, 2019, OSHA issued a final rule as part of its ongoing Standards Improvement Project (SIP). The final rule is set to go into effect on July 15, 2019. Consistent with the project’s rationale of reducing regulatory...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Ethylene Oxide Release/OSHA Enforcement: New Castle, Delaware Manufacturing Facility Proposed Penalty Assessment

The Occupational Safety and Health Administration (“OSHA”) issued a news release stating that Croda, Inc. has been proposed to be assessed penalties of $262,548.00 for alleged violations. The alleged violations are stated...more

Seyfarth Shaw LLP

Updated Combustible Dust NFPA Industry Consensus Standard Gives OSHA New Tool to Cite Employers: Does Your Facility Comply?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020.  Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of...more

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