Commissioner of Labor & Industry v. Whiting-Turner Contracting Co.Annotate this Case
The Court of Appeals reversed the judgment of the Court of Special Appeals, which reversed the determination of the Commissioner of Labor and Industry that the Whiting-Turner Contracting Company violated Md. Code Ann. Lab. & Employee. 5-104(a) by failing to “furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees,” holding that there was substantial evidence for the Commissioner to determine that Whiting-Turner violated section 5-104(a).
Specifically, the Court of Appeals held that the Commissioner correctly determined (1) Whiting-Turner’s failure to follow the shoring-tower manufacturer’s instructions to use looser braces in assembling a shoring tower supporting a concrete slab constituted a recognized hazard within the meaning of section 5-104(a); and (2) Whiting-Turner’s use of an undersized spacer beam in the upper support system of a shoring tower constituted a recognized hazard within the meaning of section 5-104(a).