Kerns Brothers Tree Service; 96-1719; 03/16/00 (English Edition) [Kindle-editie] beoordelingen het boek quotes

The issue in this case is whether the employer, Kerns Brothers Tree Service(“Kerns”), had the requisite knowledge of the failure of one of its crew leaders to require the use of hard hats on a job, so that it could be found in violation of the Occupational Safety and Health Act (“the Act”), 29 U.S.C. §§ 651-678. For the reasons later discussed, we apply the precedent of the Third Circuit United States Court of Appeals. Applying that court’s test set forth in Pennsylvania Power & Light Co. v. OSHRC (“PP&L”), 737 F.2d 350 (3d Cir. 1984), we find that the Secretary of Labor did not meet her burden of proof of employer knowledge. Thus, we vacate the citation issued to Kerns by the Secretary’s Occupational Safety and Health Administration (“OSHA”).