Drowning Death Citation From OSHA Overturned by Appeals Court

Jan. 14, 2022, 7:15 PM

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 ...

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