Fifth Circuit Denies Scaffolding Co.'s Drowned Worker Appeal

Nov. 27, 2019, 2:37 PM

The U.S. Court of Appeals for the Fifth Circuit upheld a job safety citation against a Louisiana scaffolding company after a worker’s fall arrest system collapsed and he was dragged to the bottom of Galveston Bay in Texas and drowned.

A three-judge panel denied Walker, La.-based Excel Modular Scaffold & Leasing Co.'s appeal and agreed with an administrative law judge’s conclusion that Excel’s failure to provide a lifesaving skiff—a shallow flat-bottomed boat—"exposed Excel’s employees to a substantial probability of death or serious injury, which is amply supported by the record.”

“For at least a year, company Excel crew members worked ...

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