No lifeline for scaffolding company after 'serious' safety violation

The U.S. Court of Appeals for the 5th Circuit (whose rulings apply to employers in Louisiana and Mississippi) recently affirmed an administrative law judge's (ALJ) opinion that determined a company failed to properly raise the impossibility/infeasibility defense after being cited for a serious Occupational Safety and Health (OSH) Act violation. The opinion offers valuable lessons to employers about the importance of ensuring compliance with safety regulations.

Facts

In late 2016, an employee for a scaffolding company was killed when the scaffolding he was assembling collapsed into a waterway. The company was assembling a series of scaffolds above and below refinery docks over water.

The employee—like all employees on-site—was wearing a safety harness with a lanyard and flotation devices. He connected his lanyard to a vertical leg of a scaffold, and when that portion of the scaffolding fell into the water, it dragged him 18 feet to the bottom. His coworkers tried to save him but could not reach him. By the time rescue personnel arrived, it was unfortunately too late.

Serious OSHA citation