OSHA Machine Guarding Standards Face Key Test at Fifth Circuit

Poultry processor Mar-Jac MS LLC’s attempt to overturn OSHA citations stemming from the death of a worker caught in a machine that cuts chicken will hinge on whether safety guards should be designed based on how workers use them.

A key issue in the case that will be before a Fifth Circuit panel Tuesday is whether the machine should have been guarded based on the daily common practice of workers rather than based on their training, said Manesh K. Rath, a partner at Keller & Heckman.

The US Occupational Safety and Health Administration determined the company failed to have barriers ...