October 28, 2014
The overhead flood lights at a UPS facility’s entrance gate weren’t working. It was before sunrise, and a worker who had to open the gate for incoming trucks was run over by one and killed. Will OSHA violations against the company for lack of proper lighting and employee training stick?
On Sept. 15, 2010, a semi-trailer truck entering a UPS airport facility in Iowa ran over UPS employee Daniel Raber who was holding the gate open. Raber died from his injuries. A flood light above the guard shack next to the gate wasn’t working when Raber was struck.
Iowa OSHA investigated and issued two serious citations to UPS under the General Duty Clause (GDC): one for poor lighting and one for inadequate employee training on gate procedures. Iowa OSHA assessed a fine of $5,000 for each violation for a total of $10,000.
UPS appealed to the Iowa Employment Appeal Board (EAB).
To prove UPS violated the GDC, Iowa OSHA had to show four things:
UPS claimed Iowa OSHA failed to prove the second and fourth elements: There wasn’t a recognized hazard and no feasible means existed to eliminate the hazard.
Initially, an administrative law judge (ALJ) agreed with UPS and reversed the citations and fines. Iowa OSHA appealed to the full EAB which upheld the citations and fines. UPS appealed to a state court which also upheld the violations. Recently, the Court of Appeals of Iowa handed down a decision on another appeal by UPS.
UPS used the same argument with the appeals court as it did with the ALJ: that the hazards weren’t recognized and there was no feasible way to abate them.
Read Full Article At Safetynewsalert.com
