OSHA finding in bridge project fatality reversed

The U.S. Department of Labor failed to provide evidence that a fatal accident could have been avoided in a construction incident, the Occupational Safety and Health Review Commission ruled Tuesday.

Following a 2015 fatality involving pile-driving work during a bridge project for the Florida Department of Transportation, an Occupational Safety and Health Administration inspector determined that Lane Construction Corp. had violated the general duty clause, according to documents in Secretary of Labor v. The Lane Construction Corp., filed in Washington.

Specifically, OSHA alleged that the placement of machinery and its operator contributed to his death when he was struck by an apparatus that had ejected from the pile-driving machine “(f)or reasons not entirely clear from the record,” documents state. An administrative law judge ruled previously that distance, among other allegations, was a factor and assessed a $6,500 fine for a serious violation, a ruling the review commission reversed on the grounds of insufficient evidence.

In its ruling the OSHRC wrote “it is not clear from the record whether characteristics of the bridge worksite — i.e., the location of the watercourse and highway — would have limited the utility of such a system” as would have allegedly been required to maintain a safe worksite, according to OSHA’s assessment.