News & Analysis as of

Occupational Safety and Health Administration Asbestos

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

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Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

Goldberg Segalla

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

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Jurisdiction: United States District Court for the Eastern District of Louisiana - This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict...more

Miller Canfield

Michigan Supreme Court Expands Employer Exposure to Public Policy Retaliation Claims

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In Michigan, various state employment laws prohibit employers from retaliating against employees. But can an employee pursue a public policy retaliation claim against the employer in addition to a statutory retaliation claim?...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

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Supreme Court of New York, New York County - In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure...more

Maron Marvel

EPA Finalizes Ban on Ongoing Uses of Asbestos

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On March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos. Chrysotile asbestos, also known as “white asbestos,” has several current uses, such as...more

(ACOEL) | American College of Environmental...

Asbestos, for the Rest of Us…

Whether you celebrated Festivus, Christmas or any real or recently manufactured holiday this past season, as a former upstate New Yorker my thoughts inevitably turn to snow. But sadly, after decades working in the hazardous...more

Goldberg Segalla

Boiler Manufacturer’s Motions for Partial Summary Judgment as to Punitive Damages Denied

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Court: Supreme Court of New York, New York County - Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that asbestos exposure...more

Goldberg Segalla

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

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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

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

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Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of...more

Frantz Ward LLP

Study Shows Decline Over Four Decades in the Number of Asbestos-induced Mesothelioma Diagnoses

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Litigation involving asbestos has extended over decades and has been at least one stated cause of many companies filing for bankruptcy protection. Currently, many complaints filed include allegations that exposure to asbestos...more

Goldberg Segalla

Railway Employer Obtains Summary Judgment Due to Exclusion of Plaintiff’s Experts

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Court: Court of Appeals of Tennessee, At Jackson - Plaintiff Annie Dowdy is a former employee of defendant BNSF Railway Company. She filed suit against BNSF under the Federal Employers’ Liability Act (“FELA”), alleging...more

J.S. Held

Environmental Considerations In The Claims Process

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Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more

J.S. Held

The First Step in a Proper Site Evaluation: Health & Safety Analysis

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When you perform a site visit, you have two goals: collect the information needed to make a proper determination and get home safely to your family. While some hazards are readily visible and easily noticeable, others are...more

Beveridge & Diamond PC

The Future Is Now for TSCA Risk Management Rulemaking for Asbestos and Other Chemicals

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EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA...more

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

Asbestos/OSHA Enforcement: Proposed Assessment for Leawood, Kansas Contractor

The Occupational Safety and Health Administration (“OSHA”) issued a December 20th news release stating it was proposing penalties and issuing a Hazard Alert Letter to Compass Resources LLC (“Compass”) for alleged violations. ...more

Wiley Rein LLP

2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos

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In this episode of 2BInformed, Erik Baptist and Charlotte Bertrand provide advice on the do’s and don’ts when engaging with EPA, discuss OSHA’s Advanced Notice of Proposed Rulemaking for regulations that protect workers from...more

Cozen O'Connor

OSHA’s COVID-19 ETS Expected Soon – Too Little, Too Late?

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On April 26, OSHA sent its COVID-19 emergency temporary standard (ETS) to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. OIRA is the regulatory “gatekeeper” that is...more

Parker Poe Adams & Bernstein LLP

OSHA Can Cite Landlords for Improper Asbestos Removal

The Occupational Safety and Health Act generally requires employers to mitigate exposure of their own employees to workplace hazards. In limited circumstances, companies can be cited for OSHA violations even if the only...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,...

Asbestos/OSHA Enforcement: Missouri Contractors Cited for Alleged Violations Related to Restoration of Kansas State University...

The Occupational Safety and Health Administration (“OSHA”) issued a May 15th news release stating that it cited two Missouri contractors for allegedly failing to comply with asbestos removal standards while performing...more

Patrick Malone & Associates P.C. | DC Injury...

Johnson & Johnson hid knowledge of talc’s taint with asbestos, reports say

Johnson & Johnson, now facing thousands of lawsuits asserting ties between its famed baby powder and patients’ cancers, has campaigned for decades to keep from wide public view information that its talc was tainted with...more

Troutman Pepper

OSHA Whistleblower Retaliation Complaints Are on the Rise - Is Your Company Ready?

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Many employers are surprised to learn that the Occupational Safety and Health Administration (OSHA) is responsible for investigating whistleblower retaliation complaints under 22 separate federal statutes, not just the...more

Baker Donelson

Was Asbestos Used in Your Drilling Mud Program?

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With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via...more

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