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Blog Category:

Jones Act

6/7/2010
Matthew D. Shaffer
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OSHA Says Oil Spill Cleanup Workers Don't Need Respirators

OSHA said workers hired by BP PLC for the Gulf Coast oil spill clean up don't need respirators, despite complaints from employees about side effects from repeated exposure to toxic fumes. The government feels that oil spill cleanup workers are receiving "minimal" exposure to airborne toxins and thus don't need to wear respirators.

Read More about OSHA Says Oil Spill Cleanup Workers Don't Need Respirators

Maritime and Jones Act Workers Claims

4/23/2010
Matthew D. Shaffer
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Transocean Rig Explosion Survivors Gave Statements Before Seeing Family

Transocean Horizon Deepwater Oil Rig Explosion survivors able to make it ashore sequestered with company lawyers and a stenographer. These survivors of one of the largest oil rig explosions in history had to first give statements to company lawyers before they were able to see their families.

Read More about Transocean Rig Explosion Survivors Gave Statements Before Seeing Family

4/21/2010
Matthew D. Shaffer
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Gulf of Mexico Oil Rig Explosion

Eleven people unaccounted for after an offshore drilling rig explosion Tuesday night off the coast of southeast Louisiana. The MODU rig Deepwater Horizon was operating in the Gulf of Mexico and is owned by Transocean and operated under a lease by British Petroleum (BP). The rig can operate in water depths up to 8,000 feet and was built in 2001 by Hyundai Heavy Industries Shipyard in South Korea. A semi-submersible rig is floated to a drilling site. It has pontoons and a column that submerge when flooded with seawater. It doesn't touch the sea floor, but sits low with a large portion of it under water, moored by anchors.

Read More about Gulf of Mexico Oil Rig Explosion

3/3/2010
Matthew D. Shaffer
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Portland, Maine To Host US Largest Oil Spill Response Drill in March 2010

A major oil-spill response drill will take place off of the Eastern Promenade in Portland, Maine on March 24, 2010. This drill will involve hovering helicopters, Coast Guard boats, Maine Marine Patrol vessels, and as many as 1,000 emergency workers. Instructionals like this are useful in understanding the causes of spills like the recent Texas incident in the Port of Port Arthur that closed the Intercoastal Waterway. This spill was the largest spill in Texas since 1994. If you have questions about the environmental impact of an oil spill, exposure issues related to an oil or chemical spill, or any injury which occurred while working for a maritime employer, please contact SMSH at info@smslegal.com.

Read More about Portland, Maine To Host US Largest Oil Spill Response Drill in March 2010

4/16/2009
Matthew D. Shaffer
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Ship Operator Pleads Guilty and Agrees to Pay $2.5M Fine for Concealing Vessel Pollution

On April 6, the Justice Department announced that Consultores De Navegacion, a Spanish company that operates the M/T Nautilus, an ocean-going chemical tanker ship, had pled guilty in U.S. District Court in Boston and had agreed to pay a fine of $2.5 million for criminal violations related to the overboard discharge of oil-contaminated bilge waste on the high seas.

The company pled guilty to conspiracy, falsification of records, false statements, obstruction, and two violations of the Act to Prevent Pollution from Ships for failing to maintain an accurate oil record book.

As part of the plea agreement, Consultores De Navegacion will serve 3 years of probation and implement a comprehensive environmental compliance plan to ensure there are no future violations of the law.

Engine room operations on board large oceangoing vessels such as the M/T Nautilus generate large amounts of waste oil and oil-contaminated bilge waste. International and U.S. law prohibits the discharge of waste containing more than 15 parts per million of oil and without treatment by an oily water separator-a required pollution prevention device. Federal law also requires ships to accurately record each disposal of oil-contaminated bilge water to have the oil record book available for inspection by the U.S. Coast Guard within the internal waters of the United States.

SMSH has successfully represented numerous Jones Act seamen who have suffered the effects of exposure to pollutants while working offshore.  Please contact us at (800) 282-2122 for more information.



General

8/18/2009
Stacey E. Burke
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Swine Flu Lawsuit Planned Over First Death

The family of the first victim to die of the swine flu in New York City has filed notice of intent to file a wrongful death lawsuit against the city for failing to promptly report the outbreak and warn of exposure.

Notice was filed by the family of a 55-year-old victim of the H1N1 flu virus, more commonly known as the swine flu. He was not only the first death, but also the first reported serious case of swine flu in the city.

The swine flu lawsuit is expected to allege that the city failed to put adequate controls in place to prevent a widespread outbreak and failed to inform the deceased that he was in contact with subjects who had already been diagnosed with the H1N1 flu. The family also intends to allege that the city failed to spread adequate information about health conditions that would contribute to risks of the virus and failed to provide a safe working environment for school employees.

The swine flu lawsuit is the first wrongful death claim presented against the city as a result of the outbreak, but it is not the first swine flu illness lawsuit the city has faced. According to the New York Times, an inmate at Riker’s Island prison, filed notice of a claim in June citing mental anxiety caused by the flu outbreak.

The notice of wrongful death lawsuit was filed by the deceased's wife and three sons, seeking $40 million in compensation.

If you or someone you know has been adversely affected by the H1N1 virus/"swine flu," please contact SMSH Partner Jonathan Harris for a free evaluation of your case.  Mr. Harris has recovered millions of dollars for injured clients and their families.  You can call us toll-free at (800) 282-2122 or click here to contact us now.




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