Sanderson Farms, Inc. v. Perez, No. 15-60215 (5th Cir. 2016)
Annotate this CaseSanderson Farms petitioned for review of the OSHRC's citation for an unguarded arbor and projecting key in violation of the mechanical power-transmission apparatus regulation, 29 C.F.R. 1910.219. In regard to the unguarded arbor, the court concluded that the ALJ did not err when she found that the arbor was a “vital and integral part of the power transmission apparatus;" substantial evidence established that Sanderson Farms possessed knowledge of the violative conditions; and there is sufficient evidence to support the ALJ’s characterization of the violation as serious but of low gravity. In regard to the projecting key, the court concluded that there is not substantial evidence on the record to sustain the citation because the cited standard was inapplicable. The Secretary and ALJ erred when applying 29 C.F.R. 1910.219(c)(4)(i) instead of 29 C.F.R. 1910.219(h)(1) to the protruding key. Accordingly, the court denied the petition as to the unguarded arbor and granted the petition as to the projecting key.
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