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[quote]QUOTE: Originally posted by gabe [quote]QUOTE: Originally posted by zardoz Wow! Gee! A great, big, whopping $5000 fine! Gosh, I bet BNSF is just falling over itself to correct the problem after such a huge fine. In the meantime, however, who will get hurt or killed next? And to top it off, "We are still reviewing the citation and deciding whether to file a notice of contest to challenge it," BNSF spokesman Steve Forsberg said Tuesday. A man with 20 years experience working for the railroad is killed by lack of safety equipment, and the railroad is worrying about a lousy fine? How cold is that????? I'm sure the fine is of immense comfort to the victim's family. [/quote] Zardoz, I understand your angst. However, don't sell this too short; like so many things, the devil is in the details. I wonder how that OSHA finding is going to look in the wrongful death suit that his family may bring? That is why BNSF is reviewing the finding. The effect of the small penalty is to allow his family to collect the larger amount via civil suit rather than the government via civil penalty. Assuming the machine really was a hazard, my hat is off to OSHA on this one. Gabe [/quote] Does the OSHA action have any precedential value such as perhaps rendering the lack of guards "Negligence Per Se"? Also, if I was the family I'd be looking to the manufacturer and seller/distributor of the machine in question. Sounds like this guy was killed by metal flying out of an unguarded 100 ton press if I read the article correctly. LC
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