Workers Comp

Review commission affirms three of four citations issued in crush incident

Danielle Ling

April 21, 2022 Reprints

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The Occupational Safety and Health Review Commission on Friday affirmed three of four citations issued to a Cleveland-based crane company after a jib fell from a crane and seriously injured an employee.

The incident occurred at Midwest Equipment Company worksite in Graysville, Ohio, in December 2018. An employee was working to install a jib on a crane when it fell and crushed him. The Occupational Safety and Health Administration conducted an inspection and issued Midwest a serious citation consisting of two items, each containing two sub-items, alleging violations of four provisions of the Cranes and Derricks in Construction standard.

Following a hearing, an administrative law judge affirmed the citation in its entirety and assessed the total proposed penalty of $15,912.

At issue for review with the Commission was whether the judge erred in finding that the Secretary of Labor established Midwest’s failure to comply with each cited provision.

On review, Midwest argued only that the judge erred in concluding the secretary established noncompliance in each of the four cited provisions. In its decision, the Commission upheld Midwest’s argument on one provision, Item 1b, that provides the assembly/disassembly director must understand the applicable procedures.

Following the review, the Commission concluded the secretary established noncompliance with respect to the three other provisions, and ordered to affirm those items and vacate Item 1b. Penalties were reassessed in the amount of $9,282 for Items 1a and 2b, and $6,630 for Items 2a and 2b.