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OSHRC leaves quotes issued after workers were crushed by buoys

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 ̵

1; not the general customs clause. the crane standard did not apply because the workers who were beaten were on a separate barge next to the one holding the crane involved in the accident. The Commission found ambiguity as to whether separate barges altered the applicability of the crane standard. than the general customs clause and repealed the order.


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