KS Energy Serv., LLC v. Solis

While installing a natural-gas pipeline in Madison, Wisconsin, KS Energy was cited by the Occupational Safety and Health Administration for violating trench safety regulations that require companies to protect workers from dangerous cave-ins. After inspecting KS Energy’s trench, OSHA issued a citation alleging a repeat violation of 29 C.F.R. 1926.652(a)(1) for failing to provide an adequate protective system. An ALJ upheld the citations, finding that the soil in the trench was “Type B,” so the slope was too steep based on and KS improperly used the technique of “benching” to configure its trench. The OSHA Review Commission made the determination final. The Seventh Circuit denied review. The parties agree that if the soil in the excavation was properly classified as Type B, the trench was impermissibly steep. Substantial evidence supports the determination that the soil was classified as Type B. View "KS Energy Serv., LLC v. Solis" on Justia Law