An OSHA citation stemming from the fatal drowning of a worker was vacated by the U.S. Court of Appeals for the Eleventh Circuit.
A three-judge panel in Atlanta on Thursday unanimously found OSHA was wrong to claim C&W Facility Services Inc. of Miami was obligated to provide a life jacket to the worker, Johnnie Norton, who died while cleaning a dock in 2017.
OSHA and its Department of Labor attorneys failed to show C&W was aware it was necessary to provide life jackets or that such a measure was a common industry practice, according to the decision. The OSHA standard ...