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The U.S. Supreme Court has been asked to review an OSHA case against a chemical plant contractor, Jacobs Field Services North America Inc. ( Jacobs Field Servs. N. Am. v. Perez , U.S., No. 16-950, 2/3/17 ).
Jacobs, in a petition filed Feb. 3, wants the Supreme Court to review a decision by the U.S. Court of Appeals for the Fifth Circuit upholding a final order by Occupational Safety and Health Review Commission ( Jacobs Field Servs. N. Am. v Perez, 5th Cir., No. 15-60342, 8/19/16 ).
Jacobs asked the high court to consider three questions raised by the appeals court ruling:
The commission upheld an administrative law judge’s ruling that Jacobs failed to establish and implement written procedures for maintaining the integrity of process equipment under 29 C.F.R. 1910.119(j)(2) and failed to train the injured employee in an overview of the process and its hazards and in the procedures applicable to his task under 29 C.F.R. 1910.119(j)(3).
The Supreme Court rarely takes up OSHA cases. Most recently, on Feb. 29, 2016, the court decided against reviewing a petition from a Wild West theme park, Western World Inc., about a case in which a performer was shot with a real bullet while performing in a mock gunfight.
Darren S. Harrington of Key Harrington Barnes PC in Dallas represents Jacobs.
To contact the reporter on this story: Bruce Rolfsen in Washington, D.C., at BRolfsen@bna.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
Jacobs' petition is available at http://src.bna.com/l1N.
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