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The Commission of Inquiry confirms three out of four referrals issued in a crushing incident



The Occupational Safety and Health Review Commission on Friday confirmed three of four quotes issued to a Cleveland-based crane company after a jib fell from a crane and seriously injured an employee.

The incident occurred at Midwest Equipment Company’s workplace in Graysville, Ohio, in December 2018. An employee was working on installing a jib on a crane when it fell and crushed him. The Occupational Safety and Health Administration conducted an inspection and issued Midwest a serious citation consisting of two articles, each containing two sub-articles, alleged violations of four provisions of the Cranes and Derricks in Construction standard.

Following a hearing, an administrative court judge upheld the citation in its entirety and estimated the total proposed penalty at $ 1

5,912.

The issue for review with the Commission was whether the judge erred in finding that the Minister for Labor determined Midwest’s failure to comply with any provision cited.

On review, Midwest merely claimed that the judge erred in concluding that the Secretary found that each of the four cited provisions was not complied with. In its decision, the Commission supported Midwest’s argument for a provision, paragraph 1b, which stipulates that the assembly / disassembly manager must understand the applicable procedures.

Following the audit, the Commission concluded that the Secretary found non-compliance with the other three provisions and ordered that these paragraphs be confirmed and paragraph 1b be removed. Penalties were revalued to $ 9,282 for items 1a and 2b, and $ 6,630 for items 2a and 2b.


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