ALJ Decision in Bobcat Contracting, LLC,  OSHRC Docket No. 22-0067, Becomes a Final Order of the Commission.

In sum, the Court finds as follows:

  • On its face, the Citation fails to apprise Respondent of the particular struck-by hazards being alleged in this case. On this basis alone, the Court vacates the Citation.
  • As to the struck-by hazard posed by a launcher’s door, the Secretary has failed to establish that any of the abatement methods set forth in the Citation would meaningfully address this hazard. The Secretary has also failed to point to any inadequacy in Respondent’s existing safety measures, particularly the complete depressurization of a launcher prior to opening its door. Finally, the Secretary has failed to establish Respondent’s actual or constructive knowledge of the underlying hazardous condition.
    • If the Court were to allow the trial record in this case to define the struck-by hazard being alleged, the Court finds that the record establishes two potential struck-by hazards during pigging: (1) the struck-by hazard posed by a launcher’s door if pressure is released too quickly from the launcher; and (2) the struck-by hazard posed in the event an explosion in or near the launcher causes materials to be ejected from inside the launcher.
    • As to the struck-by hazard posed in the event of an explosion, the Secretary has failed to establish the abatement element with regard to any of the methods set forth in the Citation. Again, the Secretary has failed to establish Respondent’s actual or constructive knowledge of the underlying hazardous condition.
  • Thus, on multiple bases, the Court vacates the Citation.