The Occupational Safety & Health Reporter™ provides complete news coverage and documentation of federal and state occupational safety and health programs, standards, legislation, regulations,...
Nov. 22 — An automobile parts manufacturer committed one repeat violation and five serious violations and faces $103,000 in penalties after an amputation accident at an Alabama facility, a federal appeals court affirmed ( Matsu Ala. Inc v. OSHRC , 2016 BL 387327, 11th Cir., No. 15-15676, unpublished 11/21/16 ).
Writing for a unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit, Judge Frank M. Hull denied, in a Nov. 21 unpublished opinion, a petition for review filed by Matsu Alabama Inc.
On Sept. 30, 2013, the Occupational Safety and Health Administration issued three citations for safety violations after a mechanical power press caught a temporary worker resulting in amputation of his right arm above his wrist and three fingers on his left hand. The accident occurred at Matsu’s Huntsville plant.
The agency issued a citation for a repeat violation of 29 C.F.R. 1910.212(a)(1), for failing to install a guard to protect workers from the moving parts of the machine, and six serious violations for, among other things, lockout/tagout lapses, failure to train and allowing workers to change parts without supervision.
Occupational Safety and Health Review Commission Administrative Law Judge John B. Gatto vacated the alleged violation of the mechanical power presses standard but affirmed the remaining violations in a Sept. 29, 2015 decision. He also assessed $103,000 in penalties; OSHA had proposed $75,000. The commission declined to review the judge’s decision and it became a final order.
“After review of the record and with the benefit of oral argument, the Court finds no reversible error in the ALJ’s findings of fact or conclusions of law,” Circuit Judge Hull wrote.
John J. Coleman III and Ronald W. Flowers Jr. of Burr & Forman, LLP, Birmingham, Ala., participated in oral argument for Matsu.
Kathleen Felicia Borschow of the Department of Labor, Washington, argued for the commission.
To contact the reporter on this story: Lars-Eric Hedberg in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
The unpublished opinion of the Eleventh Circuit in Matsu Alabama Inc. v. OSHRC is available at http://src.bna.com/kfg.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)