TNT Crane & Rigging v. OSHC, No. 22-60399 (5th Cir. 2023)
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A company providing crane services, TNT Crane & Rigging, Inc., petitioned the Fifth Circuit to overturn the final orders of the Occupational Safety and Health Review Commission. Those orders reversed decisions by an administrative law judge that were favorable to the company. The principal dispute is whether regulations applicable to the disassembly of a crane apply to the tragic accident that occurred here.
The Fifth Circuit denied the petition. The court held that substantial e supports the Commission’s determination that TNT did not have a work rule designed to prevent violations of Section 1926.1407(b)(3). Second, substantial evidence supports the Commission’s determination that TNT did not adequately monitor employee compliance with its power line safety rules. Finally, substantial evidence supports the Commission’s determination that TNT did not prove it effectively enforced its power line safety rules when it discovered violations.
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