Top litigator Stephen Yohay says that at a minimum employers against whom enterprisewide relief is sought in a citation contest case should consider questioning OSHArsquos authority to pursue it and should seriously consider challenging the assertion of OSHRCrsquos jurisdiction to order such relief ndash perhaps in an initial motion to dismiss the claim on jurisdictional grounds before the merits of a citation are litigated

Electrocution Leads to Fines for Insight Pipe Contracting

Oct. 16, 2018
Company faces more than $300,000 in citations after employee death.

A Butler, Penn.-based worker who had recently overcome drug addiction and was working to assist others with substance abuse was electrocuted on April 12, 2018.

Christopher Diaz, a 30-year-old employee of Insight Pipe Contracting LLC, was "leaning against" a hydraulic forklift that touched live power lines, according to a story from The Butler Eagle.

Two other workers who attempted to assisted them were also shocked, but did not die. OSHA immediately began an investigation into the incident that killed Diaz and found multiple violations.

"Electrocution is one of the leading causes of death in the construction industry," said OSHA Pittsburgh Area Office Director Christopher Robinson. "Complying with OSHA safety and health standards is not optional. Employers are required to take necessary precautions to prevent tragedies such as this."

The agency discovered Insight Pipe Contracting failed to develop develop and implement procedures for confined space entry; train employees on confined space hazards; conduct atmospheric testing before permitting entry into a sewer line; use a retrieval line; and complete proper permits. OSHA placed the company in its Severe Violator Enforcement Program and fined Insight Pipe a proposed $331,101.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission. 

Sponsored Recommendations

June 16, 2025
This free guide will define complacency, explain individual and organizational complacency, provide insights into the contributing factors and give a high-level overview of what...
May 22, 2025
Heat stress is a serious challenge that poses immediate and long-term health effects for workers in high-temperature environments. To combat heat stress, it's critical to educate...
May 15, 2025
Foot safety is a serious concern. At your next safety meeting, give your crew eye-opening facts about feet and how proper footwear matters more than they may know. Show your team...
May 15, 2025
If reimbursing employees for safety footwear is how its always been done, maybe its time to learn about the advantages a managed footwear program can offer instead. See a ...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!