The federal Occupational Safety and Health Review Commission has filed a subpoena issued to a company after a worker fell 105 feet to his death from a crane platform while performing upgrades to a communications tower in Georgia.
The commission found that the Occupational Safety and Health Administration failed to prove all the elements necessary to uphold a $15,343 fine against ACrane Rental LLC, which received the penalty following the death in a Norcross mall parking lot on March 21., 2019. The case is Secretary of Labor v. ACrane Rental LLC.
The Commission, in reversing OSHA, determined that ACrane was not a controlling employer at the time of the accident and was not the employer of the exposed workers in the workplace. ACrane was one of five companies on the construction site on the day of the accident.
The commission also determined that OSHA erred in finding that an ACrane supervisor had actual knowledge of the alleged workplace violation — the overloading of the crane platform used to lift workers to the communications tower.