Pearson v. BP Products North America, Inc.

PER CURIAM: *

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2005, as a precaution due to Hurricane Rita, BP Products North America (“BP” or the “Appellant”) decided to shut down all of its Texas City Refinery (the “Refinery”). Following Hurricane Rita, BP decided to audit, evaluate, and “turn around” each of the units at the Refinery on an individual basis before resuming production. To complete the turnaround, BP used independent contractors for most of the work. On any given day during the turnaround, between fifteen and sixteen thousand contractors were at the Refinery doing turn-around work. One…