Top litigator Stephen Yohay says that at a minimum, employers against whom enterprise-wide relief is sought in a citation contest case should consider questioning OSHA’s authority to pursue it and should seriously consider challenging the assertion of OSHRC’s jurisdiction to order such relief – perhaps in an initial motion to dismiss the claim on jurisdictional grounds before the merits of a citation are litigated.
Top litigator Stephen Yohay says that at a minimum, employers against whom enterprise-wide relief is sought in a citation contest case should consider questioning OSHA’s authority to pursue it and should seriously consider challenging the assertion of OSHRC’s jurisdiction to order such relief – perhaps in an initial motion to dismiss the claim on jurisdictional grounds before the merits of a citation are litigated.
Top litigator Stephen Yohay says that at a minimum, employers against whom enterprise-wide relief is sought in a citation contest case should consider questioning OSHA’s authority to pursue it and should seriously consider challenging the assertion of OSHRC’s jurisdiction to order such relief – perhaps in an initial motion to dismiss the claim on jurisdictional grounds before the merits of a citation are litigated.
Top litigator Stephen Yohay says that at a minimum, employers against whom enterprise-wide relief is sought in a citation contest case should consider questioning OSHA’s authority to pursue it and should seriously consider challenging the assertion of OSHRC’s jurisdiction to order such relief – perhaps in an initial motion to dismiss the claim on jurisdictional grounds before the merits of a citation are litigated.
Top litigator Stephen Yohay says that at a minimum, employers against whom enterprise-wide relief is sought in a citation contest case should consider questioning OSHA’s authority to pursue it and should seriously consider challenging the assertion of OSHRC’s jurisdiction to order such relief – 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. 

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