Appellate Law

CA1: OSHA was right ? they could have turned off the power lines

By S. COTUS

Harry C. Crooker & v. OSHRC, No. 07-2770.  This case begins when OSHA determines that a live wire is too close to a bulldozer.  The construction company says that it would be infeasible to comply.  But, as an evidentiary matter, the First points out that they could have just shut down the power lines, and the reasons give for not doing that were inadequate.  Whatever the case, there is a discussion of ?infeasibility? under OSHA regs. 

To me, this case sound like such common sense, and the fine was minimal.

Full post as published by Appellate Law and Practice on August 11, 2008 (boomark / email).