United States Fifth Circuit

In the context of the Occupational Safety and Health Act (OSHA), a supervisor's knowledge of his own malfeasance is not imputable to the employer where the employer's safety policy, training, and discipline are sufficient to make the supervisor's conduct in violation of the policy unforeseeable.

Appellate Information

• Decided 08/04/2006
• Published 08/04/2006

Judges

• E. GRADY JOLLY, Circuit Judge:, Before REAVLEY, JOLLY and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert E. Rader, Jr. (argued), Rader & Campbell, Dallas, TX, for Petitioner., Ray H. Darling, Executive Secretary, Occupational Safety Health Admin., Washington, DC, for Occupational Safety and Health Review Com'n., Michael P. Doyle (argued), Ann S. Rosenthal, U.S. Dept. of Labor, Washington, DC, for Elaine Chao.