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OSHA Must Show How to Abate Hazard for Citation to Stick: Panel

July 29, 2020, 6:34 PM

An administrative law judge shouldn’t have assessed a $6,300 fine against Lane Construction Corp., the panel responsible for reviewing OSHA safety and health decisions said, finding that the agency failed to show how the company could have abated the safety problem.

The judge assessed the fine after an October 2015 accident in which a Lane Construction employee was fatally injured at a bridge construction project in Ocoee, Fla., a northwest Orlando suburb.

The judge’s ruling upheld a citation alleging that Lane violated OSHA’s general duty clause by exposing employees to “struck-by hazards” as they worked near a diesel-powered hammer used...

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