A power line company still has to pay nearly $ 12,000 in fines after federal inspectors found violations of safety and health after the death of a worker.
In Eco Powerline LLC v. Occupational Safety and Health Review Commission the 5th U.S. District Court of Appeals on Monday declined to review the Commission's decision to confirm a citation and sentence assessed by the U.S. Environmental Protection Agency.
In January 2017, Echo Powerline LLC was hired by Tri-County Electric Corp … in Beaver, Oklahoma, to repair submerged power lines and poles that had fallen during an ice storm. While one of the repair crews was hanging on the distribution line, the line was activated, killing one worker and burning the arms and feet of another.
Echo reported the death and an OSHA compliance officer determined that the employer had not taken appropriate precautions when hanging on the leaders and issued a serious violation, proposing a $ 1
Echo questioned the citation, but an administrative law judge confirmed OSHA's discovery but applied a 10% rebate to the penalty based on the employer's size and reduced the penalty to $ 11,400. 5th circuit.
The Court of Appeal refused to review the Commission's decision and held that Echo did not show that the administrative law judge failed to consider evidence of the alternative the precautions taken by the company to protect its employees which were customary in the industry.
The Court of Appeal noted that OSHA's power industry regulations identify specific risks and specific instructions for employers on how to deal with these risks and held that the judge did not fail to refrain from considering evidence that Echo's alternative practices were in line with industry practice.