Commission Issues Decision in Armstrong Utilities, Inc. d/b/a Armstrong Cable Services, OSHRC Docket No. 18-0034.
Armstrong Utilities, Inc. d/b/a Armstrong Cable Services is a telecommunications company that provides broadband internet, television, and telephone services, mostly in rural areas. An Armstrong crew was installing a new fiber-optic cable on utility poles in Bellville, Ohio, when a lineman contacted a 7.8kV electrical line. Following the incident, the Occupational Safety and Health Administration inspected the worksite and issued Armstrong a one-item serious citation alleging a violation of 29 C.F.R. § 1926.416(a)(1), a general requirement of Subpart K (Electrical) of the Construction standards. The Secretary amended the citation to allege in the alternative a serious violation of 29 C.F.R. § 1910.268(b)(7), a provision of the Telecommunications standard. Administrative Law Judge John B. Gatto affirmed the Secretary’s alternative allegation and assessed a $11,407 penalty. For the following reasons, we conclude that the Secretary failed to establish the knowledge element of the alleged violation and therefore vacate the citation.