Takeaway: This decision calls into question prior federal case law holding that a specific safety standard of the Occupational Safety and Health Administration (OSHA) does not necessarily pre-empt the clause of the Occupational Safety and Health Act that imposes a general duty of safety on all employers. Splits in appellate court decisions sometimes wind up being resolved by the U.S. Supreme Court.
The 11th U.S. Circuit Court of Appeals ruled that a certain type of forklift accident was not a general-duty safety violation because the employer, Chewy Inc., complied with the Occupational Safety and Health Administration's (OSHA's) specific forklift safety regulation.
The secretary of the Department of Labor (DOL) cited Chewy after two of its warehouse workers suffered "under-ride accidents" within a six-month period. An under-ride accident can occur when the rear part of a forklift is short enough that it can pass under warehouse shelves without colliding with them. If the forklift can pass under the shelving, the shelving can hit or crush the operator, as happened to the Chewy workers. One under-ride accident occurred in July 2018 and resulted in injuries. The other occurred in December 2018, and the employee was killed.
Before the accidents, Chewy had two measures in place to prevent under-rides. First, the company trained its forklift operators to look in the direction of travel, maintain full control of the forklift and operate at safe speeds. Second, Chewy maintained...
WASHINGTON — The Department of Homeland Security on Tuesday directed U.S. Immigration and Customs Enforcement to ramp up enforcement against fraudulent asylum claims, including pursuing actions ag...