Georgia Appellate Decision in Mar-Jac Case Considered Victory for Employers
ATLANTA, GA. – October 18, 2018 (jdsupra.com) The 11th Circuit Court of Appeals in Atlanta, Georgia, recently limited an inspection of a Georgia poultry processing facility that was requested by the Occupational Safety and Health Administration following a worker accident. The decision is considered a major victory for employers, according to an article at jdsupra.com.*
On February 3, 2016, an unnamed employee of the Georgia-based poultry processing facility Mar-Jac Poultry Inc. was injured on the job. The employee was attempting to repair an electrical panel using a non-insulated screwdriver, and a resulting arc-flash caused severe burns to the employee’s face and hand. The employee was hospitalized for treatment of the burns.
The day after the incident, Mar-Jac submitted a report to OSHA, as required by federal law. OSHA responded by sending an inspection team to the facility, which requested to conduct a comprehensive inspection of the entire facility to check for additional hazards. Mar-Jac refused the comprehensive inspection and limited the inspection to the electrical accident site and the tools involved. OSHA’s inspection found three violations, including electrical safety, personal protective equipment, and guarding of machines violations.
After reviewing documentation submitted by Mar-Jac, OSHA applied to a federal magistrate judge for a warrant to conduct a broader inspection of the Mar-Jac facility. The magistrate judge granted the application, and Mar-Jac moved to quash the inspection warrant. The U.S. District Court for the Northern District of Georgia quashed the warrant and said OSHA could apply for a more limited inspection warrant.
OSHA appealed to the 11th Circuit, and the Court of Appeals issued an opinion October 9 affirming the ruling of the District Court that quashed the broad inspection. The Court again informed OSHA that it may file a new application more limited in scope and consistent with the Administration’s probable cause.
Put Our Law Firm's Over 35 Years Of Legal Experience To Work For Your Case!
If you have been injured in any type of accident on the job, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 35 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat.
Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333