When OSHA is mentioned, some in New Orleans may think that that agency's jurisdiction is limited to indoor workspaces. However, the Occupational Safety and Health Administration is authorized to regulate all work environments including longshore and marine terminals. The federal authority to regulate these work areas comes from the Occupational Safety and Health Act of 1970 or the OSH Act. Part 1910, Subpart B of the federal OSHA regulations extended the established federal standards of the OSH Act. This extension included standard number 1910.16, which covers longshoring and marine terminals.
Earlier this month, the aftermath of the BP oil spill marked a new milestone. The penalty phase has now ended for the BP oil trial. This brings an end to almost two years of hard fought litigation. BP has paid almost $35 billion in penalties to date. Now one New Orleans writer is calling for an end to BP's sorrows.
Injured seaman should be aware of the legal protections that exist to help them when harmed on the job. An offshore drilling company is being sued in Louisiana by a worker asserting he was injured in an on-the-job accident. The offshore worker asserts he suffered severe and disabling injuries. The man has brought the lawsuit based on the Jones Act. He asserts he was injured while working on a submersible offshore drilling rig. The lawsuit alleges the offshore company was negligent which led to his injuries. The worker is seeking damages including lost wages, lost income and medical expenses.
For one offshore worker, the miracle of the season is that he is still alive to experience it. After the boat where he was working had an explosion, crew members were left clinging to a life raft awaiting rescue.
"Maintenance and cure" is a term that comes up often in cases involving workers who have been injured while working in Louisiana's maritime industries. To explain what it means first requires some background information.
Because the aftermath of the massive BP oil spill that affected the Gulf Coast years ago, this blog continues to cover the issues this event continues to present. There have been many ups and downs for plaintiffs seeking to recover for loss due to the spill. No settlement payments were made from October 2013 to May 2014, while the oil giant sought to challenge the settlement in court. Recently, a pair of businesses was denied a timely payment of their settlement by the Circuit Court of Appeals.
The saga of the 2010 BP oil spill seemed to have come to an end after the parties reached a settlement last year. The uncapped class-action settlement was set to bring relief to individuals and businesses who were injured from the oil spill. Now, however, a new dispute threatens to undo the entire deal.
Carnival Cruise Line has had another week of bad publicity. The United States Coast Guard is currently investigating the death of a member of the crew. The employee's name has not been released.