United States Sixth Circuit

Regarding the death of a road worker killed while crossing a six-lane highway, the Occupational Safety and Health Review Commission (Commission) did not act arbitrarily or capriciously in affirming OSHA citation against employer, finding (1) that employer had actual knowledge of a hazard about which it should have provided guidance, and (2) that the hazard of crossing active roadways was not so obvious as to eliminate employer's duty to institute a safety program and training about it.

Appellate Information

• Argued 03/07/2002
• Decided 04/03/2002
• Published 04/03/2002

Judges

• Before MOORE, COLE, and FARRIS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
•  Maureen P. Taylor (argued and briefed), Michael S. Holman (briefed), Bricker & Eckler, Columbus, OH, for Petitioner., Roger L. Sabo (briefed), John J. Krimm, Jr. (briefed), Schottenstein, Zox & Dunn, Columbus, OH, for Amicus Curiae.


• For Appellees:
  
• Ronald J. Gottlieb (argued and briefed), Ann Rosenthal (briefed), United States Department of Labor, Office of the Solicitor, Washington, DC, Daniel J. Mick, Office of Solicitor, U.S. Dept. of Labor, Washington, DC, Anthony M. Stevenson, U.S. Dept. of Labor, Cleveland, OH, for Respondents.