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Complying With Safety Regs Isn't 'infeasible' If It's Just A Pain In The Neck

Tuesday, November 04, 2008 04:03 pm

Complying With Safety Regs Isn't 'infeasible' If It's Just A Pain In The Neck

If you consider a federal regulation unfair, don't look to a judge for help. Here a court upheld an OSHA citation for safety violations even though the contractor stated doing so would render "the commonplace activity of laying sewer pipe much more burdensome."

The Occupational Safety and Health Administration (OSHA) slapped Harry C. Crooker & Sons, Inc. (Crooker) with a $2,800 penalty for violating a rule that prescribes a ten-foot clearance between mechanized equipment and energized, non-insulated power lines. Crooker had been using a backhoe to perform excavation work for the municipality of Brunswick, Maine. An administrative law judge upheld the citation and associated penalty, and the Occupational Safety and Health Review Commission refused to review the case. Crooker then petitioned for judicial review, which the court denied.

Crooker made three arguments against the OSHA citation: (1) that the Secretary of Labor should h [...]

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