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OSHA Worker Burn Case Returned to Review Panel by Fourth Circuit

Feb. 1, 2022, 7:09 PM

A judge failed to adequately show an employer was at fault for a worker’s electrical burns, leading to an appeals court returning the case to a lower panel for reconsideration.

The U.S. Court of Appeals for the Fourth Circuit in Richmond, Va., by a 3-0 vote Tuesday reversed and remanded the OSHA violation case to the panel that hears appeals of citations, the Occupational Safety and Health Review Commission.

The published decision highlights the challenges of proving whether it was the unforeseen misconduct of supervisors, not their employer, that contributed to violations of Occupational Safety and Health Administration rules.

In ...