September 16, 2026

5th Circuit Weighs OSH Act ‘Unpreventable Misconduct’ Test In New Appeal


March 20, 2023 at 06:48 PM
A Texas contracting company is asking the U.S. Court of Appeals for the 5th Circuit to broadly apply the OSH Act’s “unpreventable employee misconduct” defense, saying an administrative law judge (ALJ) set an unreasonably high bar for invoking it when he upheld an OSHA citation for trench-safety violations against the firm.

E-mail Alerts

Select what you want us to e-mail you every day -- including all-new alerts on major programs and initiatives.