New York Paralegal Blog

Yesterday, a somber chapter closed in a case that highlights the critical importance of workplace safety and honest accountability. Richard Zagger, a 58-year-old supervisor from Blue Point, New York, received a sentence of one year in prison and two years of supervised release. His crime? Conspiracy and obstruction of justice in connection with a fatal construction accident. This tragic story began when Zagger, overseeing a project for Northridge Construction Corporation in East Patchogue, Long Island, was in charge of assembling a metal shed. During the construction, a horrific accident occurred: one of the employees fell from the improperly secured shed roof and died. The Occupational Safety and Health Administration (OSHA), the agency responsible for ensuring safe working conditions, launched an investigation. What they found was deeply concerning: multiple violations of worker safety standards. A key issue was the failure to keep the metal structure stable throughout the construct...

ARLINGTON, Va. — The U.S. Department of Labor's Mine Safety and Health Administration today announced that the Federal Mine Safety and Health Review Commission has upheld civil penalties assessed against Stillhouse Mining LLC for four flagrant violations of the Federal Mine Safety and Health Act of 1977. The violations were found during a Dec. 3, 2006, inspection of the company's Mine No. 1 operation near Cumberland, Ky. The initial inspection was prompted by an anonymous phone call from a miner to an MSHA field office supervisor about weak roof conditions at the mine. During the course of that inspection, enforcement personnel issued a citation for failing to follow mandated procedures after the shutoff of the mine fan. In addition, three orders were issued to the mine operator for intentionally changing the mine ventilation by shutting off and turning back on the mine fan, failing to follow roof control plans and failing to conduct an adequate pre-shift examination.

NEW YORK – Amid growing concerns that Indian Point has failed to meet federal safety requirements, Attorney General Eric T. Schneiderman today filed a petition with the federal Nuclear Regulatory Commission (NRC) urging it to take enforcement action against the plant for its failure to comply with fire safety regulations. Following his lawsuit last month pressing the NRC to study the safety impact of storing spent nuclear fuel on site, today’s action is the latest in a series the Attorney General has taken to promote comprehensive, transparent and vigilant reviews of the Buchanan plant before decisions are made on whether to extend its operating license for another 20 years. In a petition filed today with the NRC, Schneiderman wrote that compliance with fire safety requirements was necessary to ensure that the facility would be able to safely shut down during and after an emergency. Indian Point is currently in violation of established fire safety regulations and in seeking more tha...

NEW YORK – In the wake of the unfolding nuclear crisis in Japan, Attorney General Eric T. Schneiderman today said that the federal government must incorporate an immediate, full and open assessment of all public health and safety risks posed by the Indian Point nuclear energy plant, including those posed by potential natural disasters such as seismic activity, into its relicensing process for the New York plant. Schneiderman's call comes as the Indian Point power plant near New York City is being considered for relicensing, but without an open assessment of public health and safety risks posed to this facility -- just as a report by the federal Nuclear Regulatory Commission reveals that some US power plants are more vulnerable to increased seismic risks than previously believed.

Action against Massey-owned mine never before initiated in agency's history ARLINGTON, Va. — In an unprecedented legal move, the U.S. Department of Labor's Mine Safety and Health Administration today filed with the U.S. District Court for the Eastern District of Kentucky a motion for preliminary injunction against Freedom Energy Mining Co.'s Mine No. 1. Located in Pike County, Ky., Freedom's Mine No. 1 is owned by Massey Energy Co. Section 108(a)(2) of the Federal Mine Safety and Health Act of 1977 provides for injunctive relief against noncompliant mine operators who habitually violate health and safety standards. In this particular case, Section 108(a)(2) calls for an injunction because Freedom Energy is engaged in a pattern of violation of the mandatory health and safety standards of the Mine Act, which constitutes a continuous hazard to the health and safety of the miners at Mine No. 1.