5th Circ. Won't Nix Fine For Worker Electrocutions

Law360 (August 4, 2020, 3:10 PM EDT) -- The Fifth Circuit refused to upend a workplace safety fine against a power line company after a downed line whipped up and made contact with an energized line, causing an electrical shock that killed one employee and severely burned another.

In a published opinion Monday, a three-judge panel unanimously rejected an appeal by Echo Powerline LLC challenging the penalty imposed by the Occupational Safety and Health Administration, a subagency within the U.S. Department of Labor. The company argued the regulation it was cited for violating is "unconstitutionally vague." The panel disagreed, finding the provision "is sufficiently precise."

In July 2018, an...

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