Stark Excavating, Inc. v. Perez

Federal 7th Circuit Court
Civil Court
OSHA
Citation
Case Number: 
No. 14-3809
Decision Date: 
January 29, 2016
Federal District: 
Petition for Review, Order of Occupational Safety and Health Review Comm.
Holding: 
Petition denied

Record contained sufficient evidence to support Commission’s finding that employer committed “willful,” as opposed to “serious,” cave-in excavation violation of OSHA regulations at worksite in which employer was attempting to replace fire hydrant waterline. Applicable regulations called for employer to slope sides of excavation at no steeper than 45 degrees, and slopes at instant worksite were between 60 and 80 degrees. Moreover, instant violation qualified as “willful” violation that carried larger penalty because record showed that: (1) foreman at worksite was aware of slope requirement and yet failed to take any action to meet guideline requirement; and (2) foreman indicated that he sacrificed instant safety compliance in order to save time on job. Ct. rejected employer’s argument that Commission had failed to give proper deference to ALJ’s credibility determinations, which led to ALJ finding that violation was only “serious,” where Ct. observed that ALJ held erroneous belief that employer took reasonable steps to slope excavation site.