Eliminated Serious OSHA citation related to a fall fatality through Federal Bench Trial before OSHRC

The Andrews Myers Labor and Employment Section secured a major victory for a client where OSHA issued a Serious citation involving a fatal fall at a Texas construction site, OSHA alleged that the employer failed to ensure competent person inspections were conducted with sufficient scope and frequency, in violation of 29 C.F.R.  § 1926.20(b)(2). Andrew Myers, however, demonstrated that it maintained a robust safety program, including daily inspections by a designated competent person, comprehensive written policies, regular employee training, and a progressive disciplinary system.

After a two day Federal Bench trial the Judge ruled that OSHA did not meet its burden of proof.  The evidence showed that the employer’s safety policies required daily inspections and that the foreman on site was properly trained and designated as the competent person.  The court also clarified that OSHA standards do not require documentation of inspections, and that the employer’s reliance on its competent person to conduct daily inspections was consistent with regulatory requirements.  Andrews Myers was able to convince the Court that the employer could not have foreseen the foreman’s deviation from established safety protocols, and that there was no evidence the employer knew or should have known of any non-compliance.

As a result, the citation was vacated.  This outcome underscores the value of maintaining clear, written safety programs, providing regular training, and documenting enforcement of safety rules.  Construction employers should ensure their safety policies align with OSHA requirements and that competent persons are properly trained and authorized to identify and correct hazards.  This decision reinforces that, when robust safety programs are in place and followed, employers can successfully defend against OSHA citations alleging deficiencies in fall protection inspection practices