EH&S Insider Blog

Workers' Comp Case 1 McComas v. ACF Industries LLC What Happened: A welder was working in an area where electricity had been shut off. He tried to restart the power at an electrical box, but an arc blast threw him to the ground and caused burns on 25 percent of his body. Although as a general rule, workers cannot file lawsuits against employers for injuries sustained on the job, but can only submit claims for Worker's Compensation, there is an exception to that rule when employers act with deliberate intent. The welder sued the company under that exception.

The Occupational Safety and Health Administration continues to enforce its policy of assessing safety violations on a company-wide basis. OSHA has assessed repeat violation penalties when a multi-location employer has been cited for the same or similar violation of a standard, regulation, rule or order at two or more of its locations within the last five years. In the past, OSHA would issue citations and assess penalties only for repeat violations occurring at the same facility. Regardless of criticism, OSHA has remained unwavering in defending the need for this enforcement practice.