On March 4, an administrative law judge (ALJ) with the Occupational Safety and Health Review Commission vacated an Occupational Safety and Health Administration (OSHA) citation issued following an explosion and worker fatalities during pipeline “pigging” operations. The ALJ’s decision became a review commission final order on April 4.
The ALJ vacated the agency’s General Duty Clause citation of Bobcat Contracting LLC because the agency failed to establish abatement or knowledge elements in its citation. OSHA issues citations using its authority under the General Duty Clause (Section 5(a)(1)) of the Occupational Safety and Health Act for hazards not covered by any established workplace safety and health standard.
The commission uses a four-prong test for reviewing General Duty Clause violations. OSHA must show that:
- “A condition or activity in the workplace presented a hazard.”
- “The employer or its industry recognized this hazard.”
- “The hazard was likely to cause death or serious physical harm.”
- “A feasible and effective means existed to eliminate or materially reduce the hazard.”
During pigging operations, “pigs,” or tubes of various types and sizes, are used to clean a pipeline, detect abnormalities, or gather data on its interior. In June 2021, Bobcat Contracting was pigging a pipeline owned by Atmos Energy Corporation at a site in Farmersville, Texas, northeast of Dallas-Fort Worth. An explosion ejected the pig, killing two workers on-site and seriously injuring two others.
The ALJ decided that OSHA failed to provide evidence that the employer had prior knowledge of the underlying hazardous conditions leading to the explosion and injuries. The judge also concluded that abatement measures recommended by the agency wouldn’t have addressed the hazard.
The National Transportation Safety Board (NTSB) also investigated the incident, issuing a report in 2022.
Judge affirms excavation citations, penalties
A review commission ALJ on February 13 affirmed OSHA citations for excavation violations and penalties totaling $11,250 issued to Montroy Development LLC. The ALJ’s decision became a final review commission order on March 28.
While in Camillus, New York, on May 8, 2023, an OSHA compliance safety and health officer observed workers in an excavation and began an inspection of the worksite. OSHA issued a serious citation for two violations: failing to protect workers from equipment or excavated material and failing to ensure workers were protected from cave-ins by an adequate protective system.
The employer argued that the compliance officer’s measurement of the excavation was inaccurate. The ALJ reviewed the evidence gathered by the compliance officer and affirmed the violations. The judge also found that the record in the case supported the characterization of the violations as serious.
OSHA has an ongoing National Emphasis Program (NEP) of outreach, inspection, and enforcement to address trenching and excavation hazards. The agency’s October 1, 2018, NEP replaced a 1985 trenching and excavation special emphasis program.
In 2022, OSHA announced plans for 1,000 excavation inspections following an uptick in trench fatalities that year. In 2023, the agency unveiled a new enforcement policy of “instance-by-instance” citations for “high-gravity” serious violations of several standards, including the agency’s standard for trenching.