The Occupational Safety and Health Review Commission issued a citation to a marine construction company resulting from the deaths of two workers after convicting the U.S. Occupational Safety and Health Administration of citing a breach of the standard.
USA Department of Labor v. Healy Tibbitts Builders Inc . The Commission considered that the incident was incorrectly cited as a breach of the general duty clause.
While employees of Healy Tibbitts Builders, an Aiea, Hawaii-based marine construction company, were working on a barge for the U.S. Navy in Pearl Harbor, a large buoy that had been hung from a crane on an adjacent barge dropped four workers. Two were killed and the other two were seriously injured. OSHA conducted a post-incident inspection and issued a serious citation containing five articles. Two items were left later.
Healy Tibbitts requested a review of a citation alleging breach of the general duty clause on occupational safety and health, but a judge in administrative law confirmed the citation on the grounds that two of the workers were beaten by dangers by working under a load suspended of a crane. Healy Tibbitts appealed to the Commission, which provided the quote.
The Commission decided that the clause was prevented by a provision of OSHA's cranes and streets in design standard. The Commission noted that although employees are generally prohibited from being in the fall zone for a load suspended from a crane, Healy Tibbitts argued that OSHA's crane standard was applied ̵