Inside OSHA

December 9, 2023

OSHA Asks Court To Reject ‘Unpreventable Misconduct’ In Trench Safety Case

May 18, 2023 at 5:26 PM
OSHA is urging the U.S. Court of Appeals for the 5th Circuit to uphold a trench-safety citation over violations that a Texas contracting firm claims were the result of “unpreventable employee misconduct,” arguing that the employer has failed to show it uses effective safety monitoring or enforcement and thus should be barred from invoking that defense. In the case, J.D. Abrams v. Occupational Safety and Health Review Commission (OSHRC) , the contracting company is asking the U.S. Court of Appeals...

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