On October 4, 2010, the Occupational Safety and Health Administration (“OSHA”) issued an open letter to employers announcing an educational program encouraging employers to prevent work-related distracted driving and asking employers to review their policies and practices with respect to texting and driving. The OSHA letter further stated employers have…
‘The Commission finds that debris associated with routine maintenance, in a maintained area, should be removed in a timely manner. Generally, absent intervening inclement weather that may pull crews from maintenance activities, it is reasonable to expect normal maintenance trimming debris will be promptly removed within three calendar days. ……
When discussing standard clearances, the Commission stated: “Simply put, a “one-size-fits-all” approach is not appropriate. Furthermore, the record demonstrates that there already are nationally recognized industry standards and best practice vegetation management standards and practices for tree trimming which the Respondents follow. …The record also establishes that the adoption of…
Here are some of the key comments and statements contained in the Order: “…we find that vegetation management plays a key role in keeping lines and facilities clear of trees and brush, and helps to reduce the number of service interruptions to Indiana consumers. We find Respondents understand and have…
On November 30, 2010, the IURC issued its 111 page tree trimming order in cause number 43663. Some of the mandates of the Order apply to all regulated utilities, including the regulated REMCs and other portions which are referred to a rule making do not apply directly. It is clear…
In Dep’t of Waterworks v. Community School Corp. of Southern Hancock County, the Indiana Court of Appeals recently affirmed the trial court’s holding that a school may connect a new facility to an existing water main through the use of a service pipe instead of using a water main extension.…
The Indiana Court of Appeals recently shed more light on what constitutes a “special relationship” necessary for a plaintiff to establish constructive fraud without proving the five traditional elements of constructive fraud. American Heritage Banco, Inc. v. Cranston, 928 N.E.2d 239 (Ind. Ct. App. 2010). Indiana case law on constructive…
Experience has shown that motor vehicles occasionally collide with utility poles located along roads and highways. Causes can include driver error, icy road conditions, animal dart out, and collisions with other vehicles. Bodily injury sometimes results and that brings the prospect of litigation. Those injured may look to the utility…
Harness v. Schmitt, 924 N.E.2d 162 (Ind. Ct. App. 2010) – Governmental Immunity In a recent Indiana Municipal law case, the presence of a police officer during the service of a wrongful eviction notice did not affect the police officer’s governmental employee immunity because the officer was present for the…
The health care reform package that went into law on Tuesday, March 23, 2010, most clearly will have substantial effects on the health care industry. However, the legislation will also have far reaching impact on employers. Although employers are not mandated under the health care reform package to provide insurance…