Court of Appeals Upholds Fine on Georgia Company for Death of Worker
ATHENS, GA. – April 12, 2018 (safety.blr.com) According to an online report by safety.blr.com, a U.S. Court of Appeals has upheld a fine imposed by OSHA on a Georgia company in connection with a worker’s death.*
The 11th Circuit found that Martin Mechanical Contractors, a Georgia company, needed to pay a $49,000 fine imposed by the Occupational Safety and Health Administration. The fine was assessed in connection with the death of a worker who fell through a skylight at an Athens, Georgia, warehouse.
In 2015, Martin Mechanical Contractors hired a foreman and two workers to install a heating, ventilation, and air conditioning system on top of the Athens warehouse’s roof. The installation was about four feet from several skylights that were each 15 feet up from the ground. The skylights were not guarded, and the workers were not wearing fall arrest systems, though the foreman had the proper equipment in his truck on the job site. One of the workers fell through a skylight and landed on the concrete ground below. He was hospitalized and later tragically died of his injuries.
OSHA investigated the incident and found that Martin had committed a willful safety violation. It assessed a $49,000 fine. The fine was upheld by an administrative law judge who found Martin recklessly disregarded the safety of its crew. Martin argued that its foreman was not aware of the safety requirements that applied to the situation, but the judge rejected that argument.
Now, a panel on the 11th Circuit Court of Appeals has also upheld OSHA’s actions, finding that Martin’s disregard for worker safety was so reckless that even if the foreman had been aware of the applicable safety requirements, it could reasonably be concluded he would not have followed them.
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