(a) Each holder of a lease or permit under the Act shall ensure that all places of employment within the lease area or within the area covered by the permit on the OCS are maintained in compliance with workplace safety and health regulations of this part and, in addition, free from recognized hazards.
(b) Persons responsible for actual operations, including owners, operators, contractors, and subcontractors, shall ensure that those operations subject to their control are conducted in compliance with workplace safety and health regulations of this part and, in addition, free from recognized hazards.
(c) “Recognized hazards”, in paragraphs (a) and (b) of this section, means conditions which are—
(1) Generally known among persons in the affected industry as causing or likely to cause death or serious physical harm to persons exposed to those conditions; and
(2) Routinely controlled in the affected industry.
Notes of Decisions
Dupre v. Chevron U.S.A., Inc., 20 F.3d 154 (5th Cir. 1994).
· cites it 3× “33 C.F.R. § 142.4 provides that holders of leases on the outer continental shelf “shall ensure that all places of employment .”
Baham v. Nobors Drilling USA, Lp, 721 F. Supp. 2d 499 (W.D. La. 2010).
“87 establishes that the regulation is designed to protect workers on facilities located on the Outer Continental Shelf, such as Baham, from inadvertently falling through an uncovered, unguarded or otherwise accessible deck opening, as Baham did in this case. These findings were…”
Dupre v. Chevron U.S.A. Inc., 913 F. Supp. 473 (E.D. La. 1996).
· cites it 2× “Specifically, plaintiff relies on 33 C.F.R. § 142.4 (a), which provides: Each holder of a lease or permit under the Act shall insure that all places of employment within the lease area or within the area covered by the permit on the OCS are maintained in compliance with…”
Dupre v. Chevron U.S.A., Inc., 930 F. Supp. 248 (E.D. La. 1996).
· cites it 2× “Although plaintiff argues that 33 C.F.R. § 142.4 (a) mandates a non-delegable duty on Chevron to ensure that all lease areas are maintained in compliance with “workplace safety and health regulations” and free from “recognized hazards,” she ignores caselaw that states that an…”
Earnest v. Palfinger Marine USA Inc (W.D. La. 2022).
“” Shell Offshore further contends that SEPCO’s knowledge of the defective condition of the lifeboat cable system can only be imputed to Shell if SEPCO’s employees were the “borrowed employees” of Shell.”
— 33 C.F.R. § 142.4(a) — 1 case
Earnest v. Palfinger Marine USA Inc (W.D. La. 2022).
“” Shell Offshore further contends that SEPCO’s knowledge of the defective condition of the lifeboat cable system can only be imputed to Shell if SEPCO’s employees were the “borrowed employees” of Shell.”
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