Brennan v. Occupational Safety and Health Review Commission
United States Court of Appeals for the Seventh Circuit
502 F.2d 946 (7th Cir. 1974)
Republic Creosoting (defendant) unloaded heavy, steel-banded railroad-tie bundles using a strict procedure requiring a forklift operator to secure each bundle before the truck driver cut the band, with all other employees required to stay a safe distance away. New employee Raymond Davis, who had received no training on the process, was specifically instructed by field superintendent Wallace Worley to stay away from the truck and let the unloader operator handle everything; instead, before the forklift was in position, Davis spontaneously approached the truck and cut the band himself, causing ties to fall on and kill him. The Secretary of Labor (plaintiff) cited Republic for a serious violation of OSHA's general-duty clause, but the Occupational Safety and Health Review Commission vacated the citation, and the Secretary appealed.
Whether an employer violates the general-duty clause of the Occupational Safety and Health Act when the danger that caused an employee's injury was not reasonably foreseeable.